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Terms of Use

1. General

Effective 6 June 2011. 

These terms of use (“Terms”) govern your use of the website www.starentertainmentgroup.com.au (“Website”). By using the Website you acknowledge that you have read and accept these Terms.

The Website is owned and operated by The Star Entertainment Group Limited (“We/Us”).

These Terms are effective as at the date specified above and subject to compliance with any applicable laws or regulatory requirements may be amended by Us from time to time by publishing the amended Terms on this Website so please check these Terms each time you use the Website to ensure that you are kept up to date. We will provide you with notification on the Website where We reasonably believe that any variation to these Terms will cause material detriment to you. If you do not agree with these Terms, you should leave the Website immediately. By continuing to use the Website, you accept the current Terms.

2. Registration

We may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, user ID or other registration information (collectively, “Registration Information”). You agree that all Registration Information provided by you is accurate and up-to-date.

If you register on the Website, you will be responsible for maintaining the confidentiality of your Registration Information. You may not authorise others to use your Registration Information. If you have reason to believe that your Registration Information is no longer confidential, you must promptly change the affected Registration Information if possible and also inform Us.

3. The Website

In using the Website and any of the services provided by The Star Entertainment Group, you must not:

  • Disrupt the operation or security of the Website or those services or any accounts, servers, or networks connected or accessible through the Website;

  • Use the Website or those services in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of the Website or those services;

  • Submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

  • Submit any material of any kind which violates or infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other proprietary right without first obtaining the permission of the owner or relevant right holder;

  • Submit any material of any kind which contains a virus or other harmful component;

  • Delete any author attributions, legal notices, or proprietary designations or labels in any material that is submitted;

  • Modify or delete any content on the Website or add any content to the Website; or

  • Attempt to gain unauthorised access to any part of the Website or those services or any accounts, servers or networks connected or accessible through the Website.

  • You expressly acknowledge and agree that We do not control users of the Website and are not liable for their behaviour including any information, defamatory statements or offensive conduct.

  • You agree you will not use any device, software or routine, to interfere or attempt to interfere with the proper working of the Website.

  • You agree you will not take any action that imposes a burden or load on the Website that is unreasonable or disproportionate to the benefits We obtain from your use of the Website.

  • The Star Entertainment Group reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

4. Intellectual Property Rights

Trade marks (whether registered or unregistered) and logos used on the websites must not be used or modified in any way without obtaining The Star Entertainment Group’s prior written consent.  Further, you must not make use of any Meta tags or other hidden text that uses The Star Entertainment Group’s name, trade marks or business names without our written consent.

 The Website and products, technology and processes contained in it may be the subject of other intellectual property rights owned by Us or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe the intellectual property rights of any person.

The Website may contain links to, or frame, websites of third parties (“external sites”). We are not required to maintain or update the links. Links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by Us of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on the Website. We do not make any warranties or accept any liability in relation to material contained on external sites which may be linked to this Website.  The Website may also be linked to other websites operation by companies affiliated with The Star Entertainment Group.  When visiting those websites, you must refer to the individual terms and conditions of use of those Websites. 

5. Website Performance, Delays and Viruses

 The Star Entertainment Group does not warrant that the material or functions contained in the Website or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components. 

It is your responsibility to use other means of effecting transactions and obtaining information if for any reason you are unable to use this Website or the Website is unavailable. 

We will use all reasonable efforts to ensure that the Website is available to you during the hours specified by Us from time to time but We are not liable to you for or in connection with:

  • Failure of the Website to perform in whole or in part, any function which We have specified it will perform;

  • The unavailability of the Website in whole or in part because of the failure of the communication network, ancillary equipment or any circumstance beyond our reasonable control; or

  • Delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.

We do not make any representations regarding the correctness, accuracy, timeliness, completeness or reliability or otherwise of the Website or the information or functions contained on the Website.

We will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused.

6. Limitation of Liability

 Subject to the following paragraph, under no circumstances will The Star Entertainment Group or any related corporation or their respective directors or employees be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs) whether direct, indirect, or consequential howsoever caused (including, without limitation, negligence) suffered or incurred by you arising out of:

  • Use of, or any inability to use the Website or any third party website;

  • The Content of this Website or any third party website; or

  • Any services offered or made available to you by The Star Entertainment Group through the Website.

If the Competition and Consumer Act 2010 (“Act”) or any other legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by The Star Entertainment Group, and The Star Entertainment Group’s liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead The Star Entertainment Group’s liability for any breach of that condition or warranty is limited to in the case of a supply of goods, The Star Entertainment Group doing any one or more of the following (at The Star Entertainment Group’s election):

  • Replacing the goods or supplying equivalent goods;

  • Repairing the goods;

  • Paying the cost of replacing the goods or of acquiring equivalent goods;

  • Paying the cost of having the goods repaired, and, in the case of a supply of services, The Star Entertainment Group doing either or both of the following (at The Star Entertainment Group’s election): supplying the services again;

  • Paying the cost of having the services supplied again.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Act or any other legislation which may not be excluded, restricted or modified by agreement.

7. Indemnity

We rely on your continued observance of these Terms. If The Star Entertainment Group suffers any loss or damage or incurs any costs in connection with any breach of the Terms or any other legal obligation, then you agree to indemnify The Star Entertainment Group for those losses, damages and costs.  .

8. Linking to this Website

You must not create a hyperlink to any page within the Website unless We give you prior written permission.

9. Termination

We do not guarantee the ongoing operation of the Website and We are not obliged to continue the operation of the Website at any time.

Ee reserve the right to immediately terminate your use of, or access to, the Website at any time we decide at our sole discretion that you have breached these Terms or any relevant law, rule or regulation or you have engaged in conduct that The Star Entertainment Group considers to be inappropriate or unacceptable.  All restrictions imposed on you, licenses granted by you and all The Star Entertainment Group disclaimers, limitations of liability and indemnities set out in these Terms will survive termination.

10. Privacy Policy

By accessing the Website you consent to Us and our related entities, agents and contractors collecting, using and disclosing any information provided for the purposes of operating our business and promoting our products, services, promotions and events.

We may use and deal with your personal information in accordance with our Privacy Policy available at the Website.  

For information on how to gain access to your personal information, how We use your personal information or other privacy matters, please see our Privacy Policy.

We have legal obligations to provide information to some third parties such as government gaming regulatory authorities and law enforcement agencies, as well as obligations to collect personal information under laws such as anti-money laundering and counter terrorism financing legislation.

11. Security

We take care to ensure that any personal information you give Us on the internet is protected and secure, however, We cannot guarantee the strength or effectiveness of the servers or any encryption methods used.

You should keep any passwords or access codes that you have confidential. They are used to control your access to our products and services and are important in helping Us to maintain the security of your personal information and the integrity of our internet services.

12. Cookies

Cookies are data stored on the web browser on your computer. Any web server may store cookies on your browser or request your browser transmit data back to the web server. The Website may store cookies on your web browser in order to improve service for you on your subsequent Website visits.

Most web browsers can be configured to notify the user when a cookie is received allowing you to choose whether to accept or reject the cookie. If you choose to disable or reject cookies, then you may not be able to gain access to all content and services of the Website.

13. Miscellaneous

These Terms apply to the full extent possible in relation to the supply by The Star Entertainment Group of any content or services for a wireless application protocol service (WAP service), a short messaging service for mobile phone users (SMS service) and personal digital assistant service (PDA service).

These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia.  You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales. 

If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.

All rights not expressly granted herein are reserved.

2016 SHARE SALE FACILITIES

The Star Entertainment Group announced on 5 April 2016 share sale facilities that provided eligible small shareholders the opportunity to sell their shares without incurring any brokerage or handling costs.

Participation in the separate share sale facilities were open to eligible shareholders whose registered address was in Australia or New Zealand as at 7.00pm (Sydney time) on 29 March 2016 (Record Date) and who were:

  1. registered holders of less than a marketable parcel of shares (i.e. less than $500 worth of shares on the Record Date) (Small Holding Sale Facility); or
  2. registered holders of 5,000 or less shares (but held at least $500 worth of shares) on the Record Date (Voluntary Share Sale Facility).

On 5 April 2016, eligible shareholders were sent a letter together with a Share Retention Form (for the Small Holding Sale Facility) or a Sale Instruction Form (for the Voluntary Share Sale Facility), and Terms and Conditions for the relevant share sale facility.

Both share sale facilities closed at 5:00pm (Sydney time) on 17 May 2016 (Closing Date).

All participants who had their SGR shares sold under either the Small Holding Sale Facility or the Voluntary Share Sale Facility received the same average price of $5.51 per share, which was calculated by dividing the total proceeds from the sale of all SGR shares sold under the facilities by the total number of SGR shares sold under the facilities.

Payment of the sale proceeds were made to participating shareholders on 27 May 2016 in accordance with their payment instructions as recorded on the share register.

Small Holding Sale Facility

The Small Holding Sale Facility was conducted in accordance with The Star Entertainment Group’s Constitution and the Australian Securities Exchange Listing Rules that enables all listed companies to sell shareholdings valued at less than $500 (Unmarketable Parcel).

Based on a share price of $5.68, being the closing price of The Star Entertainment Group (SGR) shares on the Australian Securities Exchange on the Record Date, an Unmarketable Parcel was any holding of 88 shares or less.

Eligible shareholders who wished to retain their Unmarketable Parcel were required to return a Share Retention Form to the share registry by the Closing Date.

Small Holding Facility Key Dates:

  • 29 March 2016 (7pm) – Record Date
  • 5 April 2016 – Facility Opened
  • 17 May 2016 (5pm) – Facility Closed
  • 27 May 2016 – Payment of sale proceeds and mailing of payment advices

Voluntary Share Sale Facility

The Voluntary Share Sale Facility was conducted in accordance with Class Order CO 08/10 issued by the Australian Securities and Investment Commission.

Eligible shareholders who wished to sell their shares under the Voluntary Share Sale Facility were required to return a Sale Instruction Form by the Closing Date.

Voluntary Holding Facility Key Dates:

  • 29 March 2016 (7pm) – Record Date
  • 5 April 2016 – Facility Opened
  • 17 May 2016 (5pm) – Facility Closed
  • 27 May 2016 – Payment of sale proceeds and mailing of payment advices

For full details of the Small Holding Sale Facility and the Voluntary Share Sale Facility, please see the ASX Announcement dated 5 April 2016 in the News section of our website.

POST DEMERGER TAX INFORMATION

The demerger of The Star Entertainment Group (formerly known as Echo Entertainment Group Limited) from Tabcorp Holdings Limited (Tabcorp) was implemented on 15 June 2011 by way of Scheme of Arrangement pursuant to the Tabcorp Scheme Booklet dated 15 April 2011 (Demerger).

As part of the Demerger, Tabcorp sought a ruling from the Australian Taxation Office on the taxation implications for shareholders. On 29 June 2011, the Australian Taxation Office issued Class Ruling CR 2011/66, in accordance with the application made by Tabcorp. A copy of the Class Ruling CR 2011/66 can be viewed here.

A Tax Calculator is provided below to assist shareholders in calculating the Australian capital gains tax cost base allocation for Tabcorp shares and The Star Entertainment Group shares. The Tax Calculator is a general guide only and does not constitute tax advice. Shareholders should seek advice from an appropriate professional adviser on the tax implications of the Demerger based on their own individual circumstances.

Click here to download the Tax Calculator
Click here to access information on the Australian Taxation Office website