CONDITIONS OF PURCHASE
Please read the terms carefully so you know your obligations.
The Player is the subscriber to the genuinewinner.com software service (the "service" or "roulette system"). Genuinewinner.com includes "we", "us", "our" and "SITE PROMOTIONS PTY LTD".
By submitting the purchase agreement, or submitting payment, or using any part of the service, you (the "player") agree that your use of the service is subject to the following terms and conditions.
The agreement is between you (the "Player") and SITE PROMOTIONS PTY LTD.
DEFINITION OF THE "SERVICE": The official "service" is access to the JAA roulette wheel analysis software via www.roulettewheelanalysis.com, and a consulting service to advise you regarding techniques to predict roulette spins. The player may also receive various "additional items", which are not part of the official "service". The "additional items" include any material provided by genuinewinner.com.
CONFIDENTIAL MATERIAL: "Confidential material" includes any information of material pertaining to the "service" or "additional items".
The service is deemed to be delivered in full once the player is permitted access to the service. This involves the player's email address (which is the account name) being added to the list of permitted accounts, at which point the player may access proprietory and confidential material, and the service fee paid by the Player is non-refundable.
Should the player breach any part of this agreement, all services to the player will cease, and the player will not be entitled to any refund. Breach may also result in legal action by Genuinewinner.com and/or other players.
1. Under no circumstances may the player:
a. Discuss any part of the service or additional items with any third party, or b. Identify themselves to any unauthorized entity as a player/client of Genuinewinner.com, or c. Identify another player or release any information that may identify another player to an unauthorized entity, or d. Distribute any part of the service or additional items to an unauthorized entity, or e. Provide an unauthorized entity access to the service or additional items, or e. Disclose any information pertaining to the service or additional items to any entity without prior written consent from Genuinewinner.com. |
Except those required by law, under no circumstances may a player reveal their e-mail address to any other entity, including other players. It is the player's responsibility to use an email address that allows them to keep it private. E-mail addresses of players must remain strictly private as a player's e-mail address is used by Genuinewinner.com staff to identify them. The player's email address is also the account name for the access to the service.
Any information pertaining to the confidential material is the intellectual property of Genuinewinner.com, and may not be disclosed to any entity for any reason, without prior written consent from us.
The player may discuss the service only with other verified players, which are only members of the player only forum at genuinewinner.com/forum. Discussions pertaining to confidential material with other players make only take place only on the player forum. Other than forum username, no other contact details between players may be exchanged unless approved in writing by us. The player is liable for any unauthorized dissemination of confidential material, whether intentional or unintentional. The player understands there is a zero tolerance policy for unauthorized dissemination of the confidential material, as the success of all players, in part, depends on the maintaining of the service's trade secrets.
2. The levels of income stated on the Genuinewinner.com web site are based on results achieved by other players and the experience of Genuinewinner.com staff. However, we do not and cannot offer performance guarantees. The offer at www.genuinewinner.com/guarantee.html does not form part of the official terms of service, and is provided at our sole discretion. As with any business, individual results may vary due to factors beyond Genuinewinner.com's control. Such factors include but are not limited to where the service is applied, intelligence, learning rate, capacity to collect the required data from roulette wheels, health or eyesight of the player, unit size, and the player's motivation. The service is provided as-is. All express and implied terms, conditions and warranties which otherwise might apply to your use of the service are expressly excluded other than those terms, conditions and warranties which by law cannot be lawfully be excluded or modified by agreement including without limitation Part V of the Trade Practices Act 1974 (Cth) and the equivalent provisions of the Fair Trading Act 1999 (Vic).
3. We assert that successful application of the service may only be considered "practical" on approximately 30-50% of roulette wheels world-wide. This is an estimate based on information obtained from casinos and players world-wide. Although we believe this estimate to be accurate, we cannot guarantee accuracy and practicality or difficulty of application is subjective. We therefore do not and cannot guarantee the wheels in the player's local casino are practical or suitable. Should the player find that the service cannot be applied successfully at their local casino, the player understands and agrees that it is their sole responsibility to seek suitable conditions.
4. Casino owners or staff, and their immediate family are not permitted to access the service. Some exceptions are permitted at the sole discretion of genuinewinner.com.
5. While many casinos cannot refuse entry to players unless they break the law, most casinos reserve the right to refuse entry to any player without explanation. Although it is rare, and although Genuinewinner.com provides detailed instructions to help prevent detection by casinos, consistently winning players may be banned from some casinos. In such situations, it is the sole responsibility of the player to seek an alternate casino at which to apply the service. Genuinewinner.com is not obligated to provide a refund if the player is banned from any casino.
6. Upon receipt of payment, Genuinewinner.com grants the player a non-transferable license to use the service.
7. Part of the service depends on the availability of internet servers and hosting solutions that are beyond the control of Genuinewinner.com. The Player understands and accepts that from time to time, these servers may experience technical difficulties. We will endevour to make the software and service available at all times, but you agree not to hold us responsible for technical issues that are beyond our control.
8. From time to time we or you may not insist on strict compliance with these Terms and Conditions. However this does not mean that we or you cannot insist on performance on another occasion of any part of the Terms and Conditions or the same part that we may have let go in the past. We reserve the right to amend the agreements at any time, and it shall remain your responsibility to note such changes which are announced on the player forum. Your continued use of the service is subject to any updated terms of service.
9. If any part of these terms and conditions is or becomes invalid, that part will be severed from the terms and conditions. This will not affect the validity of the remaining provisions of the terms and conditions.
10. The laws of Victoria, Australia apply to these Terms and Conditions and any disputes will be heard in the courts and tribunals of that State.
11. The Player understands that even with correct application of the service, profit can never be 100% assured. The Player agrees that should any financial loss occur, the player will not hold Genuinewinner.com liable. Any abusive or threatening behavior towards Genuinewinner.com staff will not be tolerated, and at the discretion of genuinewinner.com may result in the player's access to the service being permanently withdrawn, without any refund.
REFUND POLICY
Upon receiving access to the service, the Player will have received access to proprietary material, and any paid fees are non-refundable. A refund is only provided if the Player has not received access to the proprietary material. The exception is the guarantee explained at www.genuinewinner.com/guarantee.html which is not part of the official agreement. Any refunds as per the guarantee are provided at our sole discretion.
In plain English, you can't simply pay the fee, then download all the software and information we provide, then expect a refund.
CONFIDENTIALITY AGREEMENT
This Agreement is made: BETWEEN: Genuinewinner.com (Site Promotions Pty Ltd, A.C.N 090 739 754), AND the Purchaser ("the Recipient", or "Player" named in the Purchase request form).
RECITALS
A. Genuinewinner.com is a multi disciplinary company with interests in energy research and gambling ("the Business"). Genuinewinner.com has developed computer software and techniques which are designed to analyze spin outcomes of a roulette wheel, which in turn can predict spin outcomes. Our consulting service to teach you how to use the software, and the service of the software access together form the "Service".
B. During the disclosure of the techniques, there will be the disclosure of Confidential Information about the Service and the Business including design ideas and concepts which has a unique value to Genuinewinner.com.
C. Genuinewinner.com will be prejudiced by any unauthorized use or disclosure of the Confidential Information.
D. The parties agree to disclose and use the Confidential Information as provided in this Agreement.
THE PARTIES AGREE as follows:
Definitions and interpretation
1. In the construction of this Agreement, unless the contrary intention appears:
'Approved purpose' means evaluation by the Recipient of Genuinewinner.com and the Business to decide whether or not to subscribe to the Service or whether or not to enter into a Commercial Relationship with Genuinewinner.com in relation to the Business.
'Confidential information' means all information or material provided by Genuinewinner.com or its employees, agents, officers or advisers to the Recipient including:
* technical information, designs, software, photographs, drawings and written work including instructional manuals;
* trade secrets, including ideas, know-how and business concepts not reduced to material form;
* business plans, systems, policies and procedures;
* market information;
* marketing material including website content;
* commercial information about GenuineWinner.com or persons with whom Genuinewinner.com deals, including details of agreements with employees, contractors, customers and others;
* financial information about GenuineWinner.com including pricing structures;
* all intellectual property including registered and unregistered trademarks, designs and work to which copyright applies;
* any information marked "confidential" or which Genuinewinner.com informs the Recipient is confidential or a trade secret;
but excluding:
* information lawfully available to the public (other than through disclosure by the Recipient or by a person to whom the Recipient disclosed the Confidential Information);
* information which the Recipient can prove it lawfully possessed before obtaining it in connection with this Agreement;
'Regulatory Body' means any Federal or State Minister of the Crown, government or quasi government agency or statutory authority whose approval or consent is necessary for the Approved Purpose.
Value and ownership
2. The Recipient acknowledges that all of the Confidential Information and material will at all times remain the absolute property of Genuinewinner.com.
General obligation
3. The Recipient must take all steps necessary to safeguard the confidentiality of the Confidential Information.
Particular obligation
4. The Recipient may use the Confidential Information only:
(1) for the Approved Purpose; or
(2) to the extent and for a purpose to which Genuinewinner.com has consented in writing.
Restrictions
5. Without limiting the generality of the above Clauses, the Recipient MUST not:
(1) profit or cause any other person to profit from the use of the Confidential Information, except in respect of the Approved Purpose;
(2) develop or cause any other person to develop any business idea, enterprise, Product or services based on the Confidential Information without GenuineWinner.com's consent in writing; and
(3) use or disclose to a third party any aspect of the Confidential Information for the purpose of contacting or contracting with any employee or client of GenuineWinner.com.
Permitted Disclosures
6. The Recipient may disclose the Confidential Information only:
(1) to a person, including any and all of its employees, agents, officers or advisers if:
(a) the Recipient has informed that person of the confidential nature of the Confidential Information; and
(b) that person has undertaken in writing to Genuinewinner.com to keep the Confidential Information secret and confidential, on the same terms as those in this Agreement; and
(c) it is necessary for the Recipient to disclose the Confidential Information for the Approved Purpose; or
(2) to the extent and for a purpose to which Genuinewinner.com has consented in writing; or
(3) to the extent required by law.
Printing and Reproduction
7. The Recipient may copy or print the Confidential Information only if GenuineWinner.com has consented in writing.
Communication with Regulatory Body
8. The Recipient may communicate with a Regulatory Body about the Approved Purpose or the Confidential Information only if Genuinewinner.com has consented in writing.
Security
9. The Recipient must
(1) keep all the Confidential Information in a secure manner.
(2) immediately report to Genuinewinner.com any unauthorized use, disclosure, copy or printing of the Confidential Information of which the Recipient becomes aware.
(3) use its best efforts to obtain the return or destruction or deletion of any unauthorized copy or print-out of the Confidential Information.
Return and Destruction
10. On demand by Genuinewinner.com, the Recipient must:
(1) deliver to Genuinewinner.com all the Confidential Information in the Recipient's possession or control;
(2) delete all the Confidential Information held electronically in any medium in the Recipient's possession or control; and
(3) destroy all documents which were prepared by or for the Recipient and which were based wholly or partly on the Confidential Information, and delete all such documents held electronically in any medium in the Recipient's possession or control.
Claims in case of Breach
11. GenuineWinner.com reserves the right to make claims for all remedies available to it against the Recipient in relation to any losses or damage suffered by GenuineWinner.com should the Recipient commit any breach of this Agreement. In addition, access to all documentation, support and services will be immediately terminated, and the purchaser will not be entitled to any refund.
Injunctive relief
12. In the event of a breach or threatened breach of this Agreement, GenuineWinner.com is entitled to injunctive relief in addition to any other remedies available at law or in equity, without showing or proving any actual damage sustained by Genuinewinner.com due to the breach or threatened breach. In the event of threatened breach, GenuineWinner.com reserves the right to terminate the relationship with the player without showing or proving any actual damage sustained by Genuinewinner.com.
Continuing obligations
13. The obligations of the Recipient under this Agreement survive the completion of the Recipient's evaluation of the Business as well as the completion of any agreement in respect of the Approved Purpose, except as otherwise provided by such an agreement.
Licence Rights
14. This Agreement does NOT grant the recipient any licence rights or other rights relating to the Business. Any rights must be detailed in a separate Agreement between both parties.
No Assignment
15. The Recipient must not assign all or any of its rights or obligations under this Agreement without the prior written consent of Genuinewinner.com.
Applicable law
16. This Agreement is governed by the law of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
No warranties
17. Genuinewinner.com makes no warranty or representation that the Confidential Information:
(a) is fit for any general, or any particular purpose; and
(b) does not infringe the rights of any other person.
Amendments
18. We reserve the right to amend the agreements at any time, and it shall remain your responsibility to note such changes which are announced on the player forum. Your continued use of the service is subject to any updated terms of service.
Severability
19. If any provision of this Agreement is held to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
Acceptance of Terms
20. Each party agrees to be bound by the terms of this Agreement. The Recipient, by submitting the payment registration form, this Agreement is deemed to have read and understood its terms and to have sought legal advice from an independent legal adviser as to the matters in issue. Should the Recipient elect not to seek independent legal advice, the Recipient by signing this Agreement or sending payment or using the service hereby waives its right to seek same and forever indemnifies Genuinewinner.com from any claim arising from misinterpretation or misunderstanding of the terms of this Agreement.
Player only Forum Terms and General Notes:
See player only forum terms at www.genuinewinner.com/forumterms.htm