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
- You must be at least the age of majority in your jurisdiction to use the Service.
- You are responsible for ensuring that your account information is accurate and kept up to date.
- Credential confidentiality: You agree to keep your login credentials private and confidential, and not share them with any third party outside the contracted party or parties identified in your subscription.
- You are responsible for all activity that occurs under your account.
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:
- Any form of computer automation, including web scraping, robotic or automated access, headless browser automation, scripting, or direct API access.
- Copying, bulk exporting, or systematically downloading data, except as expressly permitted by the Service interface for normal interactive use.
- Attempting to circumvent security, rate limits, or access controls.
- Reverse engineering, decompiling, or otherwise attempting to derive source code or underlying databases, except to the extent permitted by applicable law.
- Reselling, sublicensing, renting, or otherwise making the Service or its output available to third parties except as expressly allowed in a written agreement.
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
- Prepaid terms: Subscriptions are paid in advance for the applicable billing period.
- Auto-renewal: Unless canceled prior to the renewal date, subscription invoices will be sent automatically at the then-current rate. Users may opt in to "AutoPay", but otherwise payments must be made manually for each subscription period. Web access will automatically pause once an invoice becomes overdue. Failure to pay overdue invoices within 48 hours of the due date will result in automatic cancellation of the recurring subscription and voiding of all applicable invoices. New subscriptions can be taken up at any time should this occur.
- Cancellations: Early cancellation or termination of any recurring component does not entitle you to a refund for the current period.
- Refunds: Refund requests may be considered on a case-by-case basis at the sole discretion of the Form King administrative team.
- Prices and features may change; we will provide notice of material changes as required by law or by the Service.
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
- Entire Agreement: These Terms, together with any referenced policies (including the Privacy Policy), constitute the entire agreement between you and Form King regarding the Service.
- Severability: If any provision is found unenforceable, it will be replaced with an enforceable term that most closely matches the intent of the original provision; the remainder will remain in full force and effect.
- No Waiver: Our failure to enforce any right or provision is not a waiver of such right or provision.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, asset sale, or by operation of law.
- Force Majeure: We are not liable for any delays or failures caused by events beyond our reasonable control.
- Headings: Headings are for convenience only and do not affect interpretation.
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