Terms of Service

Effective date: 01 September 2023

These Terms of Service (“Terms”) govern your access to and use of Form King (“Form King”, “we”, “us”, or “our”) and the Form King web-based subscription service (the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

Accessing or using the Form King service constitutes acceptance of the below terms.

1. Eligibility and Account Registration

2. License and Acceptable Use

Unless otherwise agreed in writing by Form King or its authorised representative, your subscription grants a limited, non-exclusive, non-transferable license for an individual human user to access and use the Service via a standard web browser for your internal, non-commercial analysis (the “Permitted Use”).

Strictly prohibited uses include, without limitation:

Enforcement: Breach of this Section 2 may result in immediate termination of your subscription without refund. Form King reserves the right to refuse, suspend, or terminate access in its discretion if it believes a breach has occurred or is likely to occur.

3. Monitoring and Usage Limits

Form King monitors usage patterns, including cross-device and IP address activity, to secure the Service and enforce these Terms. We may limit the number of concurrent IP addresses, sessions, or devices associated with a subscription. Exceeding such limits may result in automatic restrictions, suspension, or termination.

4. Data Sources; No Wagering Warranty

The Service is powered by multiple internal and third-party data sources. While we strive for accuracy and timeliness, the Service and all data, analytics, and content are provided “as is” and “as available.” Form King makes no guarantees of accuracy or completeness and disclaims any responsibility for decisions made or actions taken, including wagering or betting, based on information obtained through the Service. You assume all risk associated with your use of the information.

5. Subscriptions, Billing, and Refunds

6. Intellectual Property

Form King and its licensors retain all rights, title, and interest in and to the Service, including all software, databases, content, and data made available through the Service, and all associated intellectual property rights. Except for the limited license in Section 2, no rights are granted to you by implication or otherwise.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share information. By using the Service, you consent to our data practices as described there.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

NOTHING IN THESE TERMS PURPORTS TO EXCLUDE, RESTRICT, OR MODIFY ANY CONSUMER GUARANTEES, RIGHTS, OR REMEDIES UNDER THE AUSTRALIAN CONSUMER LAW (ACL) TO THE EXTENT THEY CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED BY AGREEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY NON-EXCLUDABLE RIGHTS UNDER THE ACL, IN NO EVENT WILL FORM KING OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED BUT CAN BE LIMITED, FORM KING’S AGGREGATE LIABILITY WILL BE LIMITED, AT ITS OPTION, TO: (A) RE-SUPPLYING THE SERVICES; OR (B) THE COST OF RE-SUPPLYING THE SERVICES.

10. Indemnification

You agree to defend, indemnify, and hold harmless Form King and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; or (c) your infringement or misappropriation of any intellectual property or other rights of any third party.

11. Suspension and Termination

We may suspend or terminate your access to the Service (in whole or in part) at any time, with or without notice, if we believe you have violated these Terms, pose a security or legal risk, or for actual or suspected fraud or abuse. Upon termination, your right to use the Service will cease immediately, but Sections that by their nature should survive (including, without limitation, Sections 4, 6, 8–13, 16–18) shall survive.

12. Responsible Use; Wagering and Local Laws

You are solely responsible for complying with all applicable laws and regulations in your jurisdiction, including those related to wagering or betting. Form King does not provide gambling services. You must not use the Service where such use would be illegal or prohibited.

13. Changes to the Service or Terms

We may modify the Service and these Terms from time to time. We will post updated Terms on this page and update the “Effective date” above. If changes are material, we may provide additional notice as required by law. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the changes.

14. Communications

By creating an account, you consent to receive service-related communications (e.g., account notices, updates, transactional messages). Where required, we will seek your consent for marketing communications, which you may opt out of at any time.

15. Export and Sanctions Compliance

You may not use, export, or re-export the Service except as authorised by the laws of the jurisdiction in which the Service was obtained and by any other applicable laws, including Australian and U.S. export laws and regulations. You represent that you are not located in a sanctioned jurisdiction and are not a prohibited party under applicable sanctions or export control laws.

16. Governing Law; Venue

These Terms are governed by the laws in force in Tasmania, Australia, without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts of Tasmania, Australia (including courts of competent appellate jurisdiction) to resolve any dispute arising out of or relating to these Terms or the Service.

17. Dispute Resolution; Class Action Waiver

To the extent permitted by law, you and Form King agree that any disputes will be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action. The parties expressly waive any right to bring or participate in a class or representative action.

18. Miscellaneous

19. Contact

If you have questions about these Terms, please contact us at:

Form King
Launceston, Tasmania, Australia, 7250
Email: admin@formking.com.au
Website: https://www.formking.com.au