1. Eligibility

The Website contains horse racing and wagering-related information and is intended only for persons aged 18 years or older.

By using the Website, you confirm that:

• you are at least 18 years of age;
• you are legally permitted to access wagering-related content in your jurisdiction; and
• you are using the Website on your own behalf or have authority to act on behalf of another person or entity.

We may restrict or refuse access to the Website where reasonably necessary.

2. Nature of the Website

Back A Winner provides horse racing information, analysis, selections, tips, previews, statistics and related content for general informational and entertainment purposes only.

Back A Winner:

• is not a bookmaker or wagering operator;
• does not accept or place bets;
• does not hold wagering funds on behalf of users;
• does not guarantee any betting or racing outcome; and
• does not provide financial, investment, legal, tax or personalised betting advice.

Any decision to place a wager is made entirely by you and at your own risk.

3. Racing Tips, Selections, Data and Automated Content

The Website may contain information including:

• racing tips and selections;
• free selections;
• race previews and commentary;
• ratings and rankings;
• odds and price information;
• race and runner data;
• statistical analysis;
• information supplied by SmartB or other third-party data providers;
• automated or algorithmically generated outputs; and
• content created or assisted by artificial intelligence.

This information may be produced by analysts, automated systems, SmartB technology, third-party data providers or a combination of these sources.

While reasonable efforts may be made to provide useful and current information, we do not represent or warrant that any racing information, tip, prediction, selection, rating, odds information, data or automated output is accurate, complete, current or suitable for any particular purpose.

You acknowledge that:

• racing outcomes are inherently uncertain;
• tips and selections may lose;
• odds and markets can change at any time;
• runners may be scratched or race conditions may change;
• data feeds may be delayed, incomplete or incorrect;
• automated or AI-generated content may contain errors, omissions or flawed assumptions; and
• past performance is not a guarantee of future results.

You should independently verify information that is important to a wagering decision.

4. No Guarantee of Results

No statement made on the Website should be interpreted as a promise or guarantee of a winning bet, financial return or particular racing outcome.

References to concepts such as "Best Bet", "Best Each Way", "recommended", "top selection", "confidence", "value", "free tip" or similar terminology represent opinions, rankings or classifications only.

They do not guarantee that a selection will win or produce a profit.

Any reliance on Website content when deciding whether to wager is at your own risk.

5. Responsible Gambling

Gambling involves financial risk. You should only gamble with money you can afford to lose.

BAW encourages responsible gambling and does not encourage users to chase losses, gamble beyond their means or treat wagering as a guaranteed way of making money.

If gambling is causing problems for you or someone you know, free and confidential assistance is available through Gambling Help Online and the Gambling Helpline on 1800 858 858.

6. Relationship With SmartB and SmartBetsAI

Back A Winner operates alongside SmartB and may use racing data, technology, analysis or content supplied by SmartB.

The Website may also promote or link users to SmartBetsAI, SmartB or other SmartB products and services.

Back A Winner and SmartBetsAI are not the same service.

The free content made available through Back A Winner does not represent the full SmartBetsAI subscription offering.

If you register for, subscribe to, purchase or use a SmartB or SmartBetsAI service, separate terms, conditions, privacy policies and eligibility requirements may apply to that service.

A link or promotion on Back A Winner does not override the terms applicable to the relevant SmartB product.

7. Third-Party Bookmakers, Services and Links

The Website may contain links to third-party websites, bookmakers, wagering operators, racing authorities, data providers or other external services.

Third-party websites and services are not controlled by BAW.

We do not guarantee:

• the availability of a third-party service;
• the accuracy of third-party odds, offers or information;
• that a particular promotion or market remains available;
• the eligibility of any particular user for a third-party offer; or
• the security, privacy practices or conduct of a third party.

Where bookmaker promotions, odds or offers are displayed, the bookmaker's own terms, eligibility requirements, geographic restrictions and responsible gambling requirements apply.

You should review the relevant third party's terms before using its service.

8. Advertising, Affiliate and Commercial Relationships

BAW may display advertising, promotional links, affiliate links or other commercial content.

BAW may receive a commercial benefit where users interact with or acquire products or services through certain links.

The existence of a commercial relationship does not alter the user's responsibility to assess whether a wagering product or service is appropriate for them.

Where legally required, commercial relationships will be disclosed.

9. Intellectual Property

Unless otherwise indicated, the Website and its original content, including text, analysis, racing tips, databases, graphics, branding, logos, layout and other materials, are owned by or licensed to BAW and are protected by applicable intellectual property laws.

You may access and use Website content for your own personal, non-commercial use.

Without our prior written permission, you must not:

• reproduce substantial parts of the Website;
• republish or commercially exploit Website content;
• scrape, harvest or systematically extract Website content or data;
• create or maintain a competing database using BAW content;
• remove copyright, attribution or proprietary notices; or
• represent BAW content as your own.

Nothing in these Terms transfers ownership of BAW intellectual property to you.

10. Prohibited Use

You must not:

• use the Website unlawfully;
• interfere with the security or operation of the Website;
• attempt to obtain unauthorised access to systems or data;
• introduce malicious code;
• use automated systems in a manner that places an unreasonable load on the Website;
• scrape or extract content contrary to these Terms;
• impersonate BAW, SmartB, an analyst or another user;
• use Website content to mislead another person; or
• infringe the intellectual property or other rights of BAW or any third party.

We may restrict access where we reasonably believe these Terms have been breached.

11. Website Availability and Changes

The Website is provided on an "as is" and "as available" basis.

We may change, correct, update, remove or discontinue Website content or functionality at any time.

Racing information may also be updated following:

• scratchings;
• abandoned or postponed meetings;
• changes to track conditions;
• corrected data;
• changes supplied by SmartB or another provider; or
• technical or publishing errors.

We do not guarantee uninterrupted or error-free access to the Website.

12. Third-Party Data

Some content displayed by BAW may depend on data supplied by SmartB, racing authorities or other external providers.

To the maximum extent permitted by law, BAW is not responsible for loss arising solely from a failure, delay, interruption or error in third-party information where that matter is outside BAW's reasonable control.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable legislation.

Where liability may lawfully be limited, BAW limits that liability to the maximum extent permitted by law.

14. Limitation of Liability

To the maximum extent permitted by law, BAW and its related entities, directors, employees, contractors and contributors are not liable for indirect, incidental, special or consequential loss arising from use of the Website.

This includes, to the extent permitted by law:

• betting or wagering losses;
• loss resulting from reliance on a tip or prediction;
• loss of profits or opportunity;
• loss caused by inaccurate or delayed racing information;
• loss caused by third-party data or services; and
• loss arising from Website interruption or unavailability.

Nothing in this clause limits liability to the extent that doing so would be prohibited by law.

15. User Responsibility

You remain responsible for:

• deciding whether to place a wager;
• determining the amount, if any, you choose to wager;
• checking current bookmaker odds and market conditions;
• confirming race details and scratchings;
• complying with applicable wagering laws; and
• using third-party wagering services responsibly.

BAW does not control your wagering account or wagering decisions.

16. Indemnity

To the maximum extent permitted by law, you indemnify BAW against reasonable losses, liabilities and costs arising from your unlawful use of the Website, infringement of another person's rights or material breach of these Terms.

This clause does not require you to indemnify BAW for loss caused by BAW to the extent that such liability cannot lawfully be excluded.

17. Privacy

Your use of the Website is also subject to the Back A Winner Privacy Policy, which explains how personal information is collected, used, stored and disclosed.

18. Changes to These Terms

We may amend these Terms from time to time to reflect changes to the Website, our business, applicable laws or our operating arrangements.

The current version will be published on the Website with an updated effective date.

Your continued use of the Website after updated Terms take effect constitutes acceptance of the updated Terms to the extent permitted by law.

19. Severability

If any provision of these Terms is invalid, illegal or unenforceable, that provision will be interpreted or limited to the extent necessary to make it enforceable where possible.

The remaining provisions will continue in effect.

20. Entire Agreement

These Terms, together with the Back A Winner Privacy Policy and any other terms expressly incorporated into them, constitute the agreement governing your use of the Website.

Separate SmartB, SmartBetsAI or third-party terms apply when you use those services.

21. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Subject to any rights you may have under applicable law, the parties submit to the jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts.

22. Contact

For enquiries regarding these Terms or Back A Winner: