1. Introduction

Welcome to The Fairy; we are pleased to invite you to become part of the The Fairy community (featuring Fairy Lotto and Fairy Racing).

Here at The Fairy, our vision is to provide a safe, efficient and reliable service and social media platform underpinned by shared values of trust, respect, honesty and good faith (what we like to call, the Fairy Philosophy).  As with any marketplace, our ability to achieve this, ultimately depends on you, the participant.  We therefore ask that all members of The Fairy community operate in an ethical, honest and mutually respectful manner so that everyone can get the most out of The Fairy experience, consistent with the Fairy Philosophy.

Before using The Fairy and our services (and regularly as part of your continued use), you must read and accept all of the current terms in, and linked to, the Fairy Terms (defined below).  Accordingly, as you review the Fairy Terms, we recommend that you also access and review the hyperlinked information.  In particular, please review our Privacy Policy which can be found at https://fairylotto.com.au/privacy-policy

If you have any questions, please send us an email at support@fairylotto.com.au.

2. Scope

The following terms and conditions (The Fairy Terms) regulate and govern the contractual relationship between you (“you”), a user of our websites www.thefairy.com.au, www.fairylotto.com.au, www.fairyracing.com.au, www.bestfairyflutter.com and www.fairylotto.com.au (the Website), our services and any applications however accessed (including, but not limited to, mobile applications and other tools that we make available through or associated with the Website or via the App Store or Google Play) (collectively, The Fairy Services), and Year of the Monkey Pty Ltd ABN 12 611 021 624 (“The Fairy”, “Fairy Lotto”, “Fairy Racing”, “Fairy Lotto”, “Fairy Lotto”, “we”, “us”, “our”). 

References to “The Fairy” includes references to Year of the Monkey Pty Ltd ABN 12 611 021 624, “Fairy Lotto”, “Fairy Racing”, “Fairy Lotto”, “Fairy Lotto”, “we”, “us”, “our”.  

By accessing, downloading or using, and continuing to access or use, the Website or The Fairy Services, you accept and agree to be bound by The Fairy Terms as may be updated without notice to you from time to time. If you do not accept The Fairy Terms, please do not use the Website or The Fairy Services, which includes creation of a The Fairy Account (as defined under clause 4.3).

3. Application of The Fairy Terms

3.1 The Fairy Users

These Fairy Terms and our Privacy Policy apply to you:
(a) so far as the context allows, as a visitor to, or user of, the Website;

(b) as a user or prospective user of any The Fairy Services (whether or not you ultimately use any The Fairy Services provided by us); and/or

(c) as a registered user of the Website or The Fairy Services, (in any such capacity, a The Fairy User).

3.2 The Fairy Agreement

If you are a The Fairy User, you agree to be bound by:
(a) these The Fairy Terms;

(b) any terms and conditions which concern the provision of The Fairy Services or supply of particular services from The Fairy which (if applicable) will be provided to you at such time The Fairy supplies the services to you (Additional Terms & Conditions); and

(c) our Privacy Policy.

4. Website Use and The Fairy Services

4.1 Use of the Website and The Fairy Services

(a) You may only use the Website and The Fairy Services if you are at least 18 years of age.

(b) The Website and The Fairy Services may contain links to other websites (Linked Sites).  The Linked Sites are not under the control of The Fairy and The Fairy is not responsible for the content of any Linked Site, including without limitation any link contained within a Linked Site, or any changes or updates to a Linked Site.

(c) As a condition of your use of the Website or The Fairy Services, you warrant to The Fairy that you will not use the Website or The Fairy Services for any purpose that is unlawful or prohibited by The Fairy Terms.

(d) You may not use the Website or The Fairy Services in any manner, which could damage, disable, overburden, or impair the Website or The Fairy Services, or interfere with any other The Fairy User or third party’s use and enjoyment of the Website, The Fairy Services or any third party website.

(e) You may not obtain or attempt to obtain any materials or information through any means not intentionally made available for public access through, or provided for, the Website or The Fairy Services.

(f) All information, advice or other data on the Website and The Fairy Services is provided as general information only and should not, and must not, be relied upon.

(g) To the extent permitted by law, you acknowledge that The Fairy provides the Website and The Fairy Services, “AS IS” and that The Fairy is not making and has not made any warranty or representation as to the services’ suitability for any particular purpose.

(h) If you are dissatisfied with any aspect or portion of the Website or The Fairy Services, or with any of The Fairy Terms, your sole and exclusive remedy is to discontinue using the Website and The Fairy Services.

(i) While The Fairy takes all care in the preparation of information we accept no responsibility nor warrant the accuracy of the information displayed.  Information contained in The Fairy Services has been provided for entertainment purposes only and The Fairy accepts no responsibility for any assumptions based or derived from any information displayed or assumed.  All information relating to race fields, including horse numbers, scratchings, odds and jockey and trainer details, and lotteries draws including the times, dates and values of lotteries draws, should be checked with an official source.

(j) You are solely responsible for your conduct and any and all data, text, files, information, usernames, images, graphics, photos, profiles, audio clips, video clips, sounds, musical works, copyright works, applications, links, other content or materials (collectively, Content) that you share, submit, post, publish or otherwise display on or via The Fairy Services or the Website.

(k) Nothing in these The Fairy terms excludes, restricts or modifies any condition, warranty, right or liability implied or protected by law to the extent that such exclusion, restriction or modification would render these The Fairy Terms or any part thereof void, illegal or unenforceable.

4.2 Data Security

The Fairy takes data security very seriously and strives to protect The Fairy Users’ information.  However, no data transmission over the Internet can be guaranteed as totally secure.  The Fairy does not warrant and cannot ensure the security of any information (including personal information) which you share via the Website or The Fairy Services, or otherwise transmit, send, disseminate or disclose to us.

Any and all information which you share, submit, disseminate, disclose or transmit via the Website or The Fairy Services is undertaken at your own risk, and with express acknowledgement and acceptance of any and all such risk.

4.3 The Fairy Account

(a) The Fairy offers a ‘The Fairy Account’ facility (The Fairy Account) to The Fairy Users who register their details. The Fairy Account facility enables The Fairy Account holders to:

(1) edit their details and change their password;

(2) change notifications and subscriptions settings;

(3) link their The Fairy Account to their UBET / TAB account or Oz Lotteries account.

(b) When you set up your The Fairy Account and create a username or password, you agree to take responsibility for the safekeeping of your username or password. You are liable for any actions or purchases resulting from any unauthorised use of your username or password (including any purchases made via the Website).  You agree to release and indemnify The Fairy (including its officers, directors, agents and employees) in relation to any loss or liability arising out of the unauthorised use of your username or password, or otherwise in connection with your The Fairy Account.

(c) As required to use the Website and The Fairy Services, you are only eligible to apply for a The Fairy Account if you are over 18 years of age. By submitting your details and application for a The Fairy Account, you warrant to The Fairy that you are over 18 years of age at that date.

(d) To create your The Fairy Account you may be required to provide your email address and certain other details, and then create a username and password. On becoming a The Fairy Account holder you may receive an email asking you to verify your email address. Your password, together with either your username or email address, will be used to access your The Fairy Account. You may not have more than one The Fairy Account or username at any given time. You agree not to use domain names or web URLs in your username without prior written consent from The Fairy.

(e) We may require additional information from you to verify your identity in connection with the establishment of your The Fairy Account, and we reserve the right to decline, suspend or terminate your The Fairy Account at any time at our absolute discretion.

(f) You must immediately notify us if you suspect or become aware of any unauthorised use of your password or The Fairy Account, or any other breach of the Website’s security. You must immediately change your password if you suspect a security breach. The Website will contain a facility to change your password or if this facility is not available, please contact us immediately by email at support@fairylotto.com.au.

(g) You agree to comply with any The Fairy User guidelines as may be issued by us from time to time in accordance with our Privacy Policy.

(h) Without limiting other remedies, The Fairy reserves the right to immediately suspend or cancel your The Fairy Account, and/or to terminate the supply of any The Fairy Services to you, in the event that your The Fairy Account is being used, or we suspect that it is being used contrary to these The Fairy Terms or otherwise in contravention of any laws or The Fairy Philosophy.

4.4 Competitions

Competitions may be held from time to time (as set by The Fairy) and are made available to users of the Website who meet certain eligibility criteria and on the terms and conditions specified for each competition.

5. The Fairy User Conduct

While using the Website or The Fairy Services (including, but not limited to, use in connection with any item listed for sale on the Website or otherwise in connection with your The Fairy Account), you acknowledge and agree that you:

(a) will not post or publish pornographic, discriminatory, hateful, offensive, false, inaccurate, misleading, defamatory or unlawful Content (including personal information);

(b) will not use The Fairy Services to harass, threaten, defame, stalk, bully, abuse, impersonate or intimidate any person, and you must not share private or confidential information via The Fairy Services or Website, including any person’s personal or sensitive information;

(c) will not use the The Fairy Services for any illegal or unauthorised purpose and you agree to comply with all applicable laws, rules and regulations, including intellectual property legislation;

(d) will not take any action that may undermine any of The Fairy’s feedback systems;

(e) will not distribute or post ‘spam’, unsolicited or bulk electronic communications or chain emails or pyramid schemes;

(f) will not use The Fairy Services if you are not able to form legally binding contracts, are under the age of 18 years, or are suspended from using The Fairy Services;

(g) will not compile or otherwise collect information about other The Fairy Users, including but not limited to usernames, email addresses, IP addresses, sales or purchase history without their express consent;

(h) will not copy, modify or distribute rights or Content from The Fairy Services or The Fairy’s Intellectual Property Rights;

(i) are responsible for any and all activity that occurs through your The Fairy Account, and you agree you will not sell, transfer, licence or assign your The Fairy Account (including your username and any The Fairy Account rights);

(j) with the exception of persons who are expressly authorised to create accounts on behalf of their employers or clients, The Fairy prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.  You also represent that all information you provide or have provided to The Fairy upon establishment of your The Fairy Account and at all other times is true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

6. License

For the purposes of these The Fairy Terms, the terms Copyright and Moral Rights have the same meaning as provided in the Copyright Act 1968 (Cth).

(a) The Fairy does not claim ownership of any Content that you share through the The Fairy Services or otherwise via the Website. Instead, when you share Content on the Website or via The Fairy Services (including, but not limited to, in connection with your The Fairy Account), you grant to The Fairy a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), fully paid up and royalty-free licence to use that Content in any manner whatsoever (at our sole discretion), subject only to The Fairy’s Privacy Policy which can be found at https://fairylotto.com.au/privacy-policy

(b) In connection with the licence granted by you to The Fairy under this clause 6.1 and to the extent permitted by applicable laws, you hereby irrevocably consent to the following acts by The Fairy, even if such acts would otherwise be an infringement of your Moral Rights:

(1) not attributing authorship;

(2) materially altering the style, format, colours, content or layout;

(3) reproducing, communicating, adapting, publishing or exhibiting; and

(4) adding any additional Content, other material or information.

(c) You acknowledge and agree that you will only share Content via The Fairy Service in which you own the Copyright and hold the attributable Moral Rights. However, in the event that you have shared Content via the The Fairy Service in which the Copyright or Moral Rights is owned by, or attributable to, a third party, you hereby agree and confirm that you have procured from each third party, licences to The Fairy on the same terms as you would otherwise grant under clause 6.1(a) and a Moral Rights consent on the same terms as set out at clause 6.1(b).

7. Terms & Conditions

7.1 Terms & Conditions

Any decision made by The Fairy in connection with The Fairy Services (including the selection of any individuals or cities to participate in any The Fairy projects or promotions, including the number of participants that are selected) is at our sole and absolute discretion.

7.2 Service Agreement

(a) The entire service agreement between you and The Fairy in connection with your use of the Website and The Fairy Services, is:

(1) these The Fairy Terms;

(2) any Additional Terms & Conditions; and

(3) our Privacy Policy, (collectively, the Service Agreement).

(b) The Service Agreement exists between you and The Fairy, the earliest of, (i) when you download and subscribe to The Fairy Services, (ii) you become a The Fairy User, or (iii) you successfully establish a The Fairy Account.


7.3 Risks and Limitation of Liability

(a) You alone (and not The Fairy) are responsible for ensuring that any content, documents or other information that you create or use in connection with The Fairy, and any other activities conducted on our Website or via The Fairy Services are honest, truthful and lawful. You must ensure that you strictly comply with all applicable laws and The Fairy Terms.

(b) Gambling involves risk. We are not responsible for any gambling losses.  Any monetary investment based on information displayed as part of The Fairy Services or otherwise transacted in connection with The Fairy Services, is at the risk of the user.  Wagering, lotteries or gambling suggestions generated through The Fairy Services do not increase the probability of success. All wagering transactions are undertaken between the user and UBET / TAB and all lotteries transactions are undertaken between the user and Jumbo Interactive (trading as Oz Lotteries).  The Fairy is not a party to any wagering or lotteries transaction.  As noted in The Fairy FAQs, your bet won’t be placed unless you have a UBET / TAB account, you have successfully pressed the ‘Place a bet with TAB’ button and you have then completed the information on that screen to complete the betting transaction.  Your lotteries ticket will not be purchased unless you have a linked Oz Lotteries account, you have successfully pressed the ‘Play Now’ button and you have completed the purchase of the ticket on the Oz Lotteries website (which will be completed once you receive an email from Oz Lotteries confirming your ticket purchase).  If you do not receive an email from Oz Lotteries confirming your lotteries ticket purchase, your ticket purchase will not have been made (Oz Lotteries can be called on telephone 1300 188 911 if you have any queries).  Please allow as much time as possible before a horse race or lotteries draw to purchase a ticket to avoid disappointment (particularly during periods of peak demand).  Please familiarise yourself with The Fairy FAQs which can be found in the User Settings section of the app.  Remember – waving the wand to generate a betting or lotteries suggestion does not result in a bet being placed or a lotteries ticket being purchased.

(c) To the maximum extent permitted by law, we exclude all warranties, terms and conditions (implied or otherwise). The Fairy does not warrant that the material or functions contained in The Fairy Services or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components.  The Fairy does not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of The Fairy Services including wagering, lotteries or gambling suggestions.  You acknowledge and agree that The Fairy does not control users of the Website and other aspects of The Fairy Services and is not liable for their behaviour including any information, defamatory statements or offensive conduct.

(d) You hereby acknowledge and agree that The Fairy is not liable for any loss of money, profit, opportunity, goodwill, data or reputation, or any special, indirect, punitive, incidental or consequential damages or loss arising, directly or indirectly, out of or in any way connected with the use or performance of the Website, the UBET or TAB website, the Oz Lotteries website, your The Fairy Account or The Fairy Services, with any delay or inability to use the Website, any virus or harmful component, your The Fairy Account or The Fairy Services (or any related products or services), the provision of or failure to provide services, or for any information, products, service and related graphics obtained through the Website or The Fairy Services, or otherwise arising out of the use of the Website or The Fairy Services, whether based on contract, tort, negligence, strict liability or otherwise, even if The Fairy has been advised of the possibility of damages.

(e) All limitations of liability under these The Fairy Terms shall apply for the benefit of the officers, directors, employees, shareholders and agents of The Fairy to the same extent as they apply for the benefit of The Fairy against you or anyone claiming through or under you.

8. Indemnity and Release

8.1 Indemnity

You agree to indemnify The Fairy (including its officers, directors, employees, shareholders and agents), keep it indemnified and hold it harmless, against any and all:

(a) claims against The Fairy (including, but not limited to, third party claims for intellectual property infringement); or

(b) loss (including all direct, indirect, special or consequential loss) suffered by The Fairy, arising from or in connection with:

  • the negligent acts or omissions of you or your employees, agents or contractors; or
  • any breach of these The Fairy Terms and any Additional Terms & Conditions; or
  • any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of the Website or The Fairy Services, or the infringement by you, or by any other person using your computer or device, of any intellectual property right of any person.

8.2 Release

You hereby release The Fairy (including its officers, directors, employees, shareholders and agents) from all claims, demands and damages (whether actual, direct, indirect or consequential, or otherwise) of every kind and nature, known and unknown, arising out of or in connection with The Fairy Services.

8.3 Breach

Without limitation to any other remedies available to The Fairy (whether at law, in equity or under The Fairy Terms), we may, without notice to you and at our sole discretion, restrict your use of the Website or The Fairy Services, suspend or terminate your The Fairy Account, and/or refuse you access to the Website or The Fairy Services if:

(a) you have, or we believe you have, breached The Fairy Terms, including any Additional Terms & Conditions;

(b) we are unable to verify or authenticate any information you provide to us (to our standards and at our sole discretion);

(c) we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, other The Fairy Users, third parties or The Fairy (including its officers, directors, employees, shareholders or agents); or

(d) we reasonably believe that any of your information or Content (which includes items listed on the Website, your The Fairy Account or via The Fairy Services) is inappropriate, misleading or of an offensive nature.

9. Intellectual Property Rights

You acknowledge and agree that:

(a) The Fairy owns or is licensed to use all Intellectual Property Rights in the Website and The Fairy Services (including, but not limited to, all images, photographs, text or other Content which appears on the Website or The Fairy Services).  You agree that you will not make any representations to the contrary, and that you will not use or copy the Website or The Fairy Services in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.  For the purposes of these The Fairy Terms, the term Intellectual Property Rights  shall mean all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

(b) Any trade marks (including but not limited to words, stylized words, logos or series marks) which appear on the Website or The Fairy Services are owned by or licensed to The Fairy or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

10. Privacy

10.1 Personal Information and Consent

(a) By providing your details via the Website, establishing a The Fairy Account, or by using, downloading, accessing or subscribing to The Fairy Services, you will have provided personal information to The Fairy (including your designated email address) and will have provided consent to receive information about the Website and any The Fairy Services by email and any other methods of communication as determined by The Fairy.  If at any time you wish to stop receiving email and other methods of communication from The Fairy, please email us at support@fairylotto.com.au and request that you do not wish to receive any further email communications from The Fairy.

(b) If you provide a testimonial in relation to any The Fairy Services or the Website you consent to The Fairy using and publishing that testimonial for marketing purposes.

(c) We will comply with the terms of our Privacy Policy, which can be found at https://fairylotto.com.au/privacy-policy and you consent to the terms of that Privacy Policy.

10.2 Privacy practices of Linked Sites

The Fairy is not responsible for the privacy practices of websites or social media applications linked to it via hyperlinks, banner advertising or by other means.  Please take care at all times to check the privacy policy of the website or application you are visiting.

11. General

11.1 Governing Law and Jurisdiction

These The Fairy Terms (and, for the avoidance of doubt, all activities conducted by us or you on, or in connection with, our Website, your The Fairy Account or The Fairy Services) are governed by the laws in force in Queensland, Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

11.2 Severability

If anything in these The Fairy Terms is held to be invalid or unenforceable, such provision will be severed and the remaining provisions of these The Fairy Terms shall remain in full force and effect.

11.3 Assignment by The Fairy 

In our sole discretion, we may transfer (by way of assignment or otherwise) any of our rights or obligations under these The Fairy Terms to a third party without notice to you.

11.4 Entire Agreement & Survival

These The Fairy Terms (including any Additional Terms & Conditions) and our Privacy Policy constitute the entire agreement between you and The Fairy.  The following clauses survive any termination of the The Fairy Terms:  clause 5 (The Fairy User Conduct), clause 6 (Licence), clause 7.3 (Trading Risks and Limitation of Liability), clause 8 (Indemnity and Release), clause 9 (Intellectual Property Rights) and clause 10.1(b).

11.5 Force Majeure

If The Fairy is prevented from, or delayed in, performance of an obligation through or in connection with an Exceptional Circumstance (defined below) then those obligations of The Fairy are suspended for the duration of the Exceptional Circumstance. You must use all reasonable endeavours to mitigate any loss arising from, and the effects of, the Exceptional Circumstance.

In these The Fairy Terms the term “Exceptional Circumstance” means a circumstance beyond the reasonable control of The Fairy which results in it being unable to observe or perform an obligation under The Fairy Terms and the Additional Terms & Conditions.  Such circumstances include, but are not limited to, the following:

(a) adverse changes in laws or government regulations;

(b) any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster;

(c) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party or otherwise;

(d) strikes or industrial disputes;

(e) materials or labour shortage; and/or

(f) acts, failures or omissions of any third party network providers (such as, but not limited to, internet, telephony or power providers).

11.6 No Agency

The Fairy does not act as your agent for any purpose in relation to The Fairy Terms or in relation to your use of the Website or The Fairy Services.

12. Consent

12.1 Your consent

By using the Website, The Fairy Services, or establishing a The Fairy Account, a Fairy Lotto Account or a Fairy Racing Account, you are fully acknowledging and agreeing to these The Fairy Terms.

12.2 Change in The Fairy Terms

We reserve the right to modify The Fairy Terms (including any Additional Terms & Conditions) from time to time as our business needs require.  We will post any such changes on the Website, after which, your continued use of the Website or The Fairy Services shall be deemed to be your agreement to, and acknowledgement, of the modified terms.  It is your responsibility to review The Fairy Terms regularly and you hereby agree to do so.

13. Responsible Gambling

The Fairy supports the efforts of wagering operators to provide their services in a responsible manner and to support responsible wagering practices by customers.

TAB’s responsible gambling policy can be accessed at https://www.tabcorp.com.au/corporate-responsibility/responsible-entertainment.

Oz Lotteries’ responsible service of gaming policy can be accessed at https://www.ozlotteries.com/about/responsible-gaming