Terms & Conditions
1. Introduction
This document sets out the Terms and Conditions (“Terms”) that govern your access to and use of the Tipagram platform, including all websites, mobile applications, and associated services (collectively referred to as the “Platform”). The Platform is operated by Tipagram Pty Ltd (ACN: 673 838 296) (“Tipagram”, “we”, “us”). By accessing or using any part of the Platform, you agree to comply with and be bound by these Terms.
2. Acceptance of Terms
2.1. These Terms apply to the use of our Platform, including the Website, mobile applications, and services provided through the Platform. By using, browsing, registering an account, or paying for services on the Platform, you agree to be bound by these Terms, as well as any additional terms, policies, or disclaimers posted on the Platform from time to time. If you do not accept these Terms, you must cease using the Platform and services immediately.
2.2. By using Tipagram, you acknowledge and agree that Tipagram does not provide any specialist, professional, or technical advice, including but not limited to legal, accounting, financial planning, financial product, financial service, or tax advice. We recommend that users seek independent professional advice where appropriate. Please read these Terms carefully.
2.3. Tipagram may update or modify these Terms at any time at its sole discretion. Where practical, we will use reasonable efforts to notify users of significant changes to the Terms. Any updated Terms take effect immediately upon publication on the Platform. We recommend that you retain a copy of these Terms for your records.
3. Eligibility
3.1. You must be at least 18 years old to use the Platform.
3.2. You must have the legal authority and capacity to enter into a binding agreement under applicable law.
3.3. You may not use the Platform if:
- You are prohibited by law from using our services under the laws of Australia or the jurisdiction in which you reside;
- You are otherwise barred from accessing or using digital services under applicable laws;
- You have been previously suspended or banned from using Tipagram or any of its services;
- You intend to use the Platform for misuse, fraudulent purposes, harassment, or in violation of any community guidelines or applicable laws;
- You are a person who is subject to gambling restrictions or prohibitions in your jurisdiction.
4. User Obligations
4.1. Users must provide accurate, current, and complete account information during registration and must maintain the accuracy of this information at all times.
4.2. Users must maintain the confidentiality and security of their login credentials and must immediately notify Tipagram of any suspected unauthorised access or misuse of their account.
4.3. Users must use the Platform lawfully, responsibly, and in good faith, in a manner that upholds community standards and complies with all applicable laws and regulations.
4.4. Users, including Tipsters, must not use the Platform to solicit, approach, or attempt to persuade other users for personal or commercial gain outside the scope authorised by Tipagram.
4.5. Users, including Tipsters, must not engage in any deceptive, misleading, or fraudulent conduct. This includes, but is not limited to, the provision of false, inaccurate, or intentionally misleading information, advice, or representations through the Platform.
4.6. Users agree to act in good faith and with integrity in all interactions on the Platform and must not misuse, manipulate, or exploit the Platform, its services, or its user community for unethical or unlawful purposes.
4.7. Users, including Tipsters, must not upload, post, or share any content, including images, videos, text, or other materials, that infringes upon the copyright, trademark, or intellectual property rights of any third party. All users are responsible for ensuring that the content they upload is appropriately licensed or owned by them.
5. Harassment and Abuse Policy
5.1. Tipagram is committed to maintaining a respectful and safe community. Harassment, abuse, threats, or any form of misconduct will not be tolerated.
5.2. Users, including Tipsters, may not engage in:
- Harassment, bullying, threats, or intimidation.
- Hate speech, discriminatory remarks, or offensive conduct.
- Persistent unwanted messaging or stalking of other users.
- Misuse of notifications, messages, or other platform features to target or harass users.
5.3. Tipagram reserves the right to immediately suspend or terminate accounts found engaging in harassment or abuse. Users who violate this policy may be permanently banned without prior warning or compensation. In cases of severe abuse, Tipagram may report users to relevant authorities.
5.4. Users may report harassment to support@tipagram.com. Tipagram will take appropriate action based on its review.
6. Platform Use & Restrictions
6.1. In addition to the User Obligations set out in Section 4, all users must comply with the following Platform Use and Restrictions:
6.2. Users must not:
- Use the Platform for unlawful, fraudulent, or malicious activity.
- Interfere with, disrupt, or attempt to compromise the integrity, security, or performance of the Platform.
- Attempt to gain unauthorised access to any part of the Platform, other user accounts, or Tipagram’s systems or networks.
- Use the Platform in a manner that harms, abuses, or threatens others or that circumvents Tipagram’s intended usage models.
- Engage in any conduct that violates applicable laws or breaches the terms outlined in this agreement.
6.3. Tipagram reserves the right to investigate and take enforcement actions against any breach of the above restrictions, which may include account suspension or permanent termination.
7. User-Generated Content and Disclaimer of Responsibility
7.1. Users, including Tipsters, are solely responsible for all content, materials, commentary, advice, or other information they publish, upload, or disseminate via the Platform.
7.2. Tipagram does not review, moderate, verify, vet, or approve any user-generated content, including advice, tips, or commentary provided by Tipsters. Such content does not represent the views, opinions, or endorsements of Tipagram.
7.3. Tipagram disclaims all responsibility and liability for any consequences arising from the reliance on any information, advice, or recommendations published by Tipsters or other users on the Platform. Tipagram does not provide any guarantee regarding the accuracy, reliability, effectiveness, legality, or suitability of any user-generated content.
7.4. Users access and act upon any Tipster content entirely at their own discretion and risk. Tipagram will not be held liable for any direct, indirect, incidental, consequential, or special loss or damage suffered by users as a result of reliance on Tipster advice.
7.5. Tipagram does not endorse, certify, or provide warranties in relation to any Tipster, their qualifications, performance, success rate, or service outcomes. Tipagram does not assume responsibility for monitoring or verifying Tipster activity unless expressly required by law or internal policy.
7.6. Users should exercise independent judgment and, where applicable, seek professional advice before acting on any content provided through the Platform.
8. Copyright & Content Responsibility
8.1. Responsibility for Rights and Licensing By uploading content (including but not limited to text, media, photography, logos, or graphics), users represent and warrant that:
- They have obtained all necessary rights, permissions, licenses, and authorisations to use and distribute such content.
- The content does not infringe upon any intellectual property, copyright, trademark, moral rights, or publicity rights of any third party.
8.2. Tipagram Liability Tipagram accepts no liability for content uploaded by users or Tipsters. Any legal disputes, claims, or actions resulting from unauthorised or unlawful content shall be the sole responsibility of the user who uploaded it.
8.3. Indemnity Users agree to fully indemnify, defend, and hold harmless Tipagram, its officers, employees, agents, and affiliates from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or related to any breach of intellectual property laws, copyright infringement, or unauthorised use of content uploaded to the Platform.
8.4. Termination for Infringement Tipagram reserves the right to suspend or terminate a user’s account without notice if it is found that the user has uploaded content that infringes upon the intellectual property rights of any third party or is subject to a valid infringement claim or legal notice.
9. Ownership of User Data and Accounts
9.1. All user account data, customer details, transaction history, and tip-related data remain the sole property of Tipagram, including information submitted by or collected through Tipsters.
9.2. Tipsters acknowledge that Tipagram maintains full ownership and control of all user data. Tipsters are not entitled to export, access, or retain user data outside the scope permitted by Tipagram.
9.3. Tipagram reserves the right to share user data with its third-party partners or affiliates, subject to applicable laws and its Privacy Policy.
10. Intellectual Property
10.1. All intellectual property rights in the Platform, including but not limited to software, design, text, graphics, images, video, audio, logos, icons, branding, trademarks, and any other content or materials, are and shall remain the exclusive property of Tipagram Pty Ltd or its licensors. Nothing in these Terms shall be construed as transferring any rights, title, or interest to you in relation to Tipagram’s intellectual property, except for the limited licence granted to use the Platform as outlined in these Terms.
10.2. Tipagram grants users a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for personal or internal business purposes, subject to compliance with these Terms. Users must not reproduce, modify, distribute, sublicense, or otherwise exploit any part of the Platform or its content without Tipagram’s prior written consent.
10.3. Users acknowledge that any content submitted, uploaded, or published via the Platform becomes subject to Clause 9 (Ownership of User Data and Accounts). Tipagram retains all ownership rights to data submitted through the Platform and may use, store, distribute, or commercialise such data in accordance with its Privacy Policy and applicable laws.
10.4. Unauthorised use of Tipagram’s intellectual property or any materials on the Platform may result in the suspension or termination of your account and may also give rise to legal proceedings and liability for damages.
11. Non-Vetting of Tipsters and Platform Neutrality
11.1. Tipagram is an open-access platform, and Tipsters are not vetted, verified, or endorsed by Tipagram in any way. Users acknowledge that Tipagram does not assess the legitimacy, experience, or success rate of Tipsters.
11.2. Tipsters operate independently, and Tipagram does not review, approve, or validate their betting advice. Users accept full responsibility for their reliance on Tipster recommendations.
11.3. Tipagram does not provide betting tips or predictions and acts solely as a facilitator between Tipsters and users. Tipagram shall not be held responsible for the accuracy, effectiveness, or consequences of advice provided by Tipsters.
12. Limitation of Liability
12.1. Tipagram and its affiliates, directors, officers, employees, agents, contributors, and licensors do not make any express or implied representations or warranties in connection with the Platform or the services provided through it. This includes, but is not limited to, any loss or damage you may suffer resulting from:
- Failures or interruptions in performance, errors, omissions, delays in operation or transmission, defects, or failure to correct defects;
- Viruses, malware, or other harmful elements;
- Data loss, corruption, unauthorised access, alteration, or destruction of records;
- Inaccuracies, unsuitability, or outdated content available via the Platform or user-generated content (including Tipster advice);
- Any costs, expenses, or losses incurred by you through your use of the Platform;
- The suspension or termination of your account resulting from your breach of these Terms.
12.2. To the fullest extent permitted by law, Tipagram’s liability to you arising out of or in connection with the use of the Platform or these Terms, regardless of the form of action, whether in contract, tort (including negligence), equity, statute, or otherwise, is strictly limited to any amounts paid by you (if any) to Tipagram for the use of the services.
12.3. Tipagram does not accept liability for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, revenue, data, goodwill, or business reputation, however caused and under any theory of liability.
12.4. Tipagram is not responsible for and accepts no liability in relation to any content uploaded by users. You are solely responsible for your interactions with other users and for any content or information you provide via the Platform.
12.5. The failure of Tipagram to exercise or enforce any right or provision under these Terms does not constitute a waiver of such right or provision.
13. Privacy
13.1. Tipagram is committed to protecting your privacy as a user of our Platform. We respect the confidentiality of your personal information and comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Please review our Privacy Policy at www.tipagram.com/privacy-policy. You may enquire about the information we collect and request corrections to your personal details at any time by contacting us using the details provided in these Terms.
13.2. By accessing the Platform, creating an account, or using our services, you consent to the collection, use, disclosure, and storage of your personal information in accordance with our Privacy Policy.
13.3. Any personal information you provide to Tipagram through the Platform or via other means is securely stored, either on our own servers or on approved third-party servers acting on our behalf. This may include information and documents (“Personal Data”) required for us to provide services or communicate with you. We may also collect additional Personal Data to support our service delivery, such as contact lists, location data, device details, user preferences, feedback, or communications with Tipagram’s support team.
13.4. You acknowledge and agree that Tipagram may, at its sole discretion, share your personal information with its affiliates, partners, service providers, or third-party organisations where reasonably required for operational, commercial, or legal purposes, in accordance with our Privacy Policy. This may include sharing information for marketing, analytics, service provision, or business development purposes.
14. Indemnity
You agree to indemnify Tipagram, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with:
- The use of the Platform and/or reliance on any information, services, or advice provided by Tipsters or any other users;
- Any breach by you of these Terms;
- Any unlawful or negligent act or omission by you;
- Any wilful misconduct on your part;
- Any direct or indirect consequences of you accessing, using, or transacting on the Platform or attempts to do so.
This indemnity will survive the termination of these Terms.
15. Disruption to Service
15.1. Tipagram does not guarantee uninterrupted access to its services and makes no warranties, expressed or implied, regarding the uptime, availability, or stability of the platform.
15.2. Users acknowledge and agree that:
- Service interruptions may occur due to maintenance, technical failures, cyber incidents, or other unforeseen circumstances.
- Tipagram is not responsible for any financial loss, loss of earnings, reputational damage, or any negative impact resulting from service unavailability.
- Refunds, discounts, or compensation will not be provided for downtime, regardless of its cause or duration.
15.3. Users, including Tipsters, accept that they engage with Tipagram at their own discretion and assume all risks related to the reliance on the platform’s availability and stability.
16. Data Security and Liability
16.1. Tipagram employs reasonable security practices, including encryption, access control, and regular audits, to protect user data from unauthorized access, breaches, and cyber threats.
16.2. Users acknowledge that:
- No online system is completely immune to cyber threats or unauthorized access.
- Tipagram does not guarantee the absolute security of data stored on its servers or transmitted through the platform.
16.3. In the event of a data breach or unauthorized access, Tipagram shall not be held liable for:
- Financial losses or reputational damages suffered by users.
- Loss, corruption, or disclosure of user data, including personal information.
- Legal actions, penalties, or claims arising from third-party access to user data.
16.4. Users must take reasonable steps to secure their own accounts, including safeguarding login credentials and reporting suspected unauthorized access to Tipagram immediately.
17. Payments to Tipsters
17.1. Tipagram collects subscription payments from end users on behalf of Tipsters via the Platform. Tipsters are entitled to receive a revenue share of the net amount collected, less all applicable platform fees, commissions, or transaction charges as agreed with Tipagram.
17.2. Tipagram will process payouts to Tipsters on a weekly or monthly basis, as outlined in the Tipster’s agreement or as otherwise advised by Tipagram. Tipagram reserves the right to amend the payout frequency or method at any time with prior notice.
17.3. In the event of a technical issue, payment gateway error, bank processing delay, or any other circumstance outside of Tipagram’s reasonable control, Tipagram may defer payment to Tipsters without liability for delay. Tipagram is not liable for interest, damages, or penalties resulting from any delay in Tipster payment.
17.4. Tipsters are solely responsible for any taxation, reporting, or financial compliance obligations arising from the payments received. Tipagram does not withhold or remit tax on behalf of Tipsters unless expressly required by law.
17.5. Tipagram reserves the right to withhold payment to any Tipster:
- Where there is a dispute over earnings, commissions, or user refunds;
- Where Tipagram suspects fraudulent, unethical, or abusive conduct by the Tipster;
- Where the Tipster is in breach of any clause within these Terms or any other agreement with Tipagram.
18. Manual User Subscriptions
18.1. Tipsters may invite users to the Platform manually, outside of Tipagram’s automated subscription channels. In such cases, Tipsters are required to pay Tipagram a per-user fee for each manually invited subscriber, as determined by Tipagram’s current pricing model or applicable agreement.
18.2. Manual user subscriptions will be invoiced by Tipagram and are payable within the timeframe specified on the invoice. Failure to pay any such invoice within the due date constitutes a breach of these Terms.
18.3. Tipagram reserves the right to withhold any earnings or payments due to a Tipster where there are outstanding manual subscription payments.
18.4. If a Tipster repeatedly fails to make payment for manual subscriptions or defaults on invoices, Tipagram reserves the right to suspend or permanently terminate the Tipster’s account without notice.
18.5. Tipagram may apply late fees, suspend access to features, or initiate debt recovery processes for unpaid manual user subscription fees.
19. Refunds
19.1. Tipagram acts solely as a technology and facilitation platform. Users who subscribe to a Tipster service via the Platform are entering into an arrangement where Tipagram provides access to the Tipster’s content and services via its technology infrastructure. Tipagram does not guarantee, warrant, or assume any responsibility for the quality, reliability, accuracy, or outcomes of any Tipster content or advice.
19.2. All subscriptions, purchases, and fees paid by customers to access Tipster services via the Platform are final and non-refundable. Tipagram does not offer refunds under any circumstances, including but not limited to:
- Dissatisfaction with the Tipster’s content, service quality, or performance;
- Perceived value or effectiveness of tips or advice;
- Disruptions, interruptions, or downtime on the Platform;
- Cancellations or changes to Tipster availability;
- Any delay or failure by the Tipster to deliver content or respond to users.
19.3. Customers expressly acknowledge and agree that they are purchasing access to Tipster services through Tipagram’s facilitation technology only. The contractual and service relationship remains between the user and Tipagram (as the access provider), and not a direct contract between the customer and the Tipster. Tipagram does not act as agent, representative, or guarantor of the Tipster, and bears no liability for the conduct, service delivery, or content accuracy of any Tipster.
19.4. Tipagram’s role is limited to providing users with access to Tipster services via a subscription model hosted on the Platform. Users understand and accept that Tipagram is not responsible for vetting, moderating, approving, or enforcing the performance of Tipsters, nor is it required to provide compensation or remedies in the event of unsatisfactory outcomes.
19.5. Tipagram retains sole discretion to determine the appropriateness of any refund, credit, or compensation in exceptional circumstances, but is under no obligation to do so.
19.6. Tipsters are not entitled to a refund of any fees paid to Tipagram for manual user subscriptions, platform access fees, or commissions withheld by Tipagram under any circumstances, including but not limited to:
- Technical difficulties, downtime, or service interruptions;
- Dissatisfaction with Platform features, user activity, or uptake;
- Disputes with users or platform decisions;
- Complaints or claims arising from their use of the Platform.
19.7. Tipagram’s decisions relating to refunds, payment retention, and fee invoicing are final and binding. By using the Platform, all parties waive any right to claim refunds from Tipagram, except where required under applicable Australian consumer laws.
20. Trademark
20.1. “Tipagram” is a registered trademark of Tipagram Pty Ltd (ACN: 673 838 296) and is protected under applicable trademark laws in Australia and internationally. The Tipagram name, logo, branding elements, and any associated marks are the exclusive property of Tipagram Pty Ltd.
20.2. No user, Tipster, third party, or entity is permitted to use, reproduce, replicate, imitate, or modify the Tipagram trademark or branding elements without the prior written consent of Tipagram Pty Ltd. This includes, but is not limited to, using the Tipagram name or logo for promotional purposes, on third-party platforms, in derivative works, or in any materials that may create confusion or imply affiliation, endorsement, or sponsorship by Tipagram.
20.3. Any unauthorised use of Tipagram’s trademark may result in legal action, including but not limited to injunctive relief, damages, and termination of user or Tipster accounts on the Platform.
20.4. Tipagram reserves the right to monitor and enforce its trademark rights to the fullest extent permitted by law. If you become aware of any unauthorised use of Tipagram’s trademark or branding, you are encouraged to report such use to support@tipagram.com.
21. Force Majeure
Tipagram shall not be held liable for any failure, delay, interruption, or disruption in the performance of its obligations under these Terms where such failure is due to circumstances beyond its reasonable control. This includes, but is not limited to, acts of God, governmental actions, war, insurrection, sabotage, embargo, civil disturbance, terrorism, pandemics, epidemics, strikes, labour disputes, lockouts, fire, flood, storm, earthquake, failure or delay of suppliers, unavailability or interruption of transportation or telecommunications services, breakdowns in third-party software or hardware, power shortages, or any other event beyond Tipagram’s control that prevents the delivery of services or access to the Platform.
22. Dispute Resolution
22.1. In the event of any dispute arising out of or in connection with these Terms, either party must not initiate court or tribunal proceedings unless reasonable attempts have first been made to resolve the dispute in good faith, except in cases where urgent interlocutory relief is required.
22.2. A party claiming a dispute (“Dispute”) has arisen must provide written notice to the other party outlining the nature of the dispute, the desired outcome, and the proposed resolution steps (“Dispute Notice”).
22.3. Upon receipt of a Dispute Notice, both parties must engage in good faith discussions within seven (7) days to attempt to resolve the Dispute through negotiation or other mutually agreed means.
22.4. If the Dispute remains unresolved twenty-one (21) days after the Dispute Notice was received, the parties must proceed to mediation. The mediator may be appointed by agreement or through the Australian Disputes Centre (ADC), and the mediation shall be governed by the ADC Guidelines for Commercial Mediation (as amended from time to time).
22.5. Each party will bear their own legal costs associated with the mediation. The costs of the mediator and mediation venue will be shared equally between the parties unless otherwise agreed.
22.6. Mediation will take place in South Australia unless otherwise agreed, and parties may attend via teleconference or videoconference.
22.7. All communications in relation to dispute resolution under this clause are confidential and treated as “without prejudice” negotiations under applicable laws of evidence.
22.8. If the Dispute is not resolved within thirty (30) days from the commencement of mediation, either party may request the mediator to terminate the process, after which either party may initiate formal legal proceedings (where both parties are based in Australia).
22.9. If one of the parties is based outside Australia, any unresolved dispute, controversy, or claim shall be referred to and finally resolved by arbitration under the ACICA Arbitration Rules. The seat of arbitration shall be South Australia, the language shall be English, and the number of arbitrators shall be one.
22.10. This clause may be used to bar legal proceedings in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958.
22.11. All parties agree that any legal proceedings, where applicable, must be brought exclusively in South Australia, and the governing law of these Terms shall be the laws of South Australia and the federal laws of Australia.
23. Changes to Our Policies
We reserve the right to update, amend, or modify our policies at any time, including these Terms and our Privacy Policy, at our sole discretion. Any such modifications will become effective immediately upon being posted on the Platform. Continued use of the Platform following such changes constitutes your acceptance of the revised policies.
24. Governing Law
These Terms are governed by the laws of South Australia. In the event of any dispute arising out of or in connection with these Terms, all parties agree that the exclusive venue for resolving any such dispute will be South Australia.
25. Jurisdiction
Each party irrevocably and unconditionally agrees to submit to arbitration in accordance with the Dispute Resolution provisions outlined in these Terms. Where arbitration is required, all proceedings shall take place in South Australia.
26. Notices
26.1. Any notice or communication required or permitted to be given under these Terms must be in writing and delivered by email, registered post, or another form of electronic communication as deemed appropriate by Tipagram.
26.2. Notices to Tipagram should be sent to support@tipagram.com, unless otherwise specified. Notices to users will be sent to the contact details provided in their account.
26.3. Notices will be deemed received:
- If sent by email, upon receipt unless a delivery failure notice is received;
- If delivered by registered post, five (5) business days after dispatch.
27. Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable for any reason, that provision shall be deemed severed from these Terms and the remaining provisions shall remain in full force and effect.
28. Waiver
A waiver of any term, provision, or breach of these Terms must be in writing and signed by the waiving party. Any such waiver will be effective only in the specific instance and for the specific purpose it was given. A failure to enforce any provision shall not constitute a waiver of any future right to enforce the same or any other provision.
29. Assignment
Users may not assign or transfer their rights or obligations under these Terms without prior written consent from Tipagram. Tipagram may assign or transfer its rights and obligations under these Terms without restriction or notice to users.
30. External Links
The Platform may contain links to third-party websites or resources for user convenience. Tipagram does not control, endorse, or accept responsibility for the content or accuracy of any external websites. Users access such websites at their own risk.
31. Email Communication
By creating an account on Tipagram, you agree to receive important notifications, system updates, promotional material, and service announcements via email. You may opt out of non-essential communications using the unsubscribe link included in such emails.
32. Inconsistency
In the event of any conflict or inconsistency between these Terms and other documents (such as privacy policies, service agreements, or promotional terms), the document with the most specific application to the subject matter shall prevail.
33. Contact
If you have questions about these Terms, please contact us: ✉️ support@tipagram.com