Rules, Terms and Conditions
These terms and conditions apply to, and are binding upon you if you participate at Bookmaker.com.au. These terms and conditions replace any pre-existing Terms and Conditions that appeared on this website.
In these terms and conditions:
- "Account" means a unique Account that has been issued by Bookmaker.com.au;
- "This Agreement" means these Terms and Conditions;
- "Bookmaker.com.au" refers to Bookmaker.com.au, a company registered in Australia under the Corporations Act 2001 (Cth). Bookmaker.com.au operates under the Norfolk Island license no. 20110511;
- "Bookmaker.com.au website" refers to http://www.bookmaker.com.au or any derivative or white label thereof;
- "Charge-back" means when you, or a credit card issuing bank, or any other third party payments solution provider effects a reversal of charges in relation to your credit card or third party deposit transaction;
- "Closed Account Player" means a Player who has a Locked Player Account;
- "Closed Player Account" means an Account that has been closed, deregistered or excluded by either us or you;
- "Dormant Account" means an Account that has been inactive for a period of six (6) months or more;
- "Dormant Player" means a Player who has a Dormant Account;
- "Live Betting / In-Play" means placing a wager on an event that is currently in progress;
- "Participate" means, without limitation, any of the conduct described in 4.1.1 to 4.1.7 below, and visiting the Bookmaker.com.au website and/or placing any wagers, or utilising the Bookmaker.com.au in any manner whatsoever;
- "Player/s" means a Real Player and/or a Dormant Player and/or a Closed Account Player;
- the "Service" means the availability to, and the provision of a website interface that enables you to wager at the Bookmaker.com.au using the Internet or via the telephone;
- "We/us/our" means the operators of the Bookmaker.com.au and/or its group companies;
- "Your Jurisdiction" means the jurisdiction in which you are domiciled, reside or work.
1. Your Participation at Bookmaker.com.au
Participation at the Bookmaker.com.au is at your sole option, discretion and risk.
All bets are processed by the Bookmaker.com.au on its servers in Norfolk Island, in accordance with its Norfolk Island bookmaking licence.
You are solely responsible for ascertaining whether it is legal in Your Jurisdiction to participate at the Bookmaker.com.au. You may only participate at the Bookmaker.com.au if it is legal for you to do so within Your Jurisdiction. We do not warrant the legality of your participation at the Bookmaker.com.au in terms of the laws of Your Jurisdiction.
In addition to the provisions of 1.1.3 above, you may only participate at the Bookmaker.com.au if you have attained the legal age of majority within Your Jurisdiction, and you are at least 18 years of age.
In accordance with Anti-Money Laundering and Counter Terrorism Fraud legislation, acceptable identification must be received within 90 days of your opening your account with us, and prior to any withdrawals being requested against your account. Should we not receive such identification within this period, your account shall be suspended pending receipt of such identification.
Bookmaker.com.au, where possible, makes use of electronic verification methods provided by third-parties. You hereby authorise us, and our designated agents, as and when required, to confirm your identity and your right to use the monies that you wager at the Bookmaker.com.au.
Where you are required to send legible and certified copies of identification, you must send identification to the value of 100 points as per the table below:
||Passport, Birth Certificate or Citizenship Certificate. Note: only one item can be used from this category.
||Your name, photograph and signature on:
Driver's Licence, Public Service Identification Card; Social Security Identification Card; Tertiary Student Identification Card
||Your name and address verified by:
Current or recent employer; Security Document; Mortgage; Land or Council Rates; Land Title Records
||Your name on:
Medicare Card; Mastercard; VISA Card
||Your name and address verified from:
Electoral Roll; Landlord; Public Utility Records
or Driver's Licence that does not have a photo.
||Your name and address from:
Trade or Professional Membership Records; Educational Records
||Your name, address and phone number verified from the latest copy of the directory plus phone contact on that number.
Where you have used a credit card on your account, the Bookmaker.com.au must receive a legible copy of both sides of the credit card. This copy may be used towards your 100 points of identification.
You may only have one (1) single account with the Bookmaker.com.au, except in special circumstances where express permission, in writing, is provided to you by the Bookmaker.com.au.
Should Bookmaker.com.au determine that you have opened multiple accounts in order to redeem bonus offers, all accounts by may be closed by the Bookmaker.com.au at its discretion, unless you have received prior permission to open multiple accounts.
The Bookmaker.com.au may, at its own discretion transfer the balances of multiple accounts to the first account your have opened.
In the event that after such transfers the account has a debit balance, then the Bookmaker.com.au shall be entitled to receive payment immediately upon written request to you to clear the debit balance.
In the event that after such transfer the account has a credit balance, the credit balance may be held by the Bookmaker.com.au until such time as a determination has been made by the Bookmaker.com.au as to whether or not there has been a breach of these Terms & Conditions.
Bookmaker.com.au shall make a voice recording of all telephone calls to the Betting and Customer Support phone lines, including, but not limited to placing a bet, making a complaint, queries regarding accounts or any general enquiry by registered clients or otherwise. By initiating a call to the Betting or Support lines, the caller agrees to such recordings being made. All recordings will be securely retained by us in accordance with our privacy obligations for security and regulatory purposes.
1.2 Forbidden Jurisdictions
In compliance with US legislation, by way of the Unlawful Internet Gambling Enforcement Act, sports wagers will not be accepted from any resident of the United States of America.
In compliance with Hong Kong law, horse racing and sports wagers will not be accepted if you are physically present in Hong Kong. If you are physically present in Hong Kong, you agree you will not place or attempt to place a wager.
Sports wagers will not be accepted from any residents of any countries other than Australia and New Zealand.
1.3 Your Warranties
You warrant and represent, and we enter into this Agreement on the basis of such representations and warranties, all of which are material at the time of your entering into the Agreement and throughout the currency hereof, that you:
Are legally able to participate in the Bookmaker.com.au within Your Jurisdiction;
Are an "adult", having attained the age of majority within Your Jurisdiction;
Are at least 18 years of age;
Shall not allow any third party (in particular, but without limitation, any minor/s) to, directly or indirectly, use your Account/s that you hold at the Bookmaker.com.au, participate at the Bookmaker.com.au in any manner whatsoever, or accept any promotional offers or prizes from the Bookmaker.com.au;
Have furnished us with personal details that are valid, accurate, and complete in each and every respect and that you shall advise us immediately via e-mail should such details change;
Are the true and lawful owner of the monies that you wager at the Bookmaker.com.au and/or that you are duly and properly authorised to utilise such monies for the aforementioned purposes;
Shall not deposit nor wager any monies at the Bookmaker.com.au that are derived in any manner whatsoever from illegal activities contemplated in 1.5 below;
Shall pay all monies owed to the Bookmaker.com.au and in respect of payment shall not charge-back, and/or deny or reverse or countermand any such payments;
Shall be wholly responsible for the secrecy of your account, and shall make every effort to prevent the use of the account number by any third party;
Shall be wholly responsible for any transactions entered into where the account holders number has been given to effect a wager or financial transaction; and
Have read and understood these Terms and Conditions.
1.4 Refusal to Register, Deregistration, Exclusion & Suspension
We may refuse to register you as a Player or elect to deregister and exclude you or suspend you as a Player from the Bookmaker.com.au at any time if we deem that your participation at the Bookmaker.com.au is, shall be or has been previously, in anyway fraudulent, illegal, an employee or agent of a wagering operator, or that your participation is or has been abusive or irregular in any way.
It is your responsibility to maintain your account security. If an account is believed to be operated by a person or entity other than the account holder and or linked to an existing account that has been previously limited/banned, the account will be declared fraudulent and immediately suspended. At such time, all winning bets will be removed and the account may be closed permanently at our discretion.
You acknowledge hereby that the Bookmaker.com.au is not obliged to give you prior notice of its decision to refuse, deregister or exclude or suspend you, nor to furnish you with any reasons for such decision.
1.5 Consequences of Deregistration, Exclusion or Suspension
If we deregister or exclude or suspend you from the Bookmaker.com.au we have the right to:
Withhold payment to you of any contested funds whether such contested funds are deposits, refunds, bonuses, free monies, credits, free bets, payouts or the like; and/or
Exclude you from all or any other products in the group of companies of which the Bookmaker.com.au is a member; and/or
Solely determine what criteria you shall have to meet in order to establish a New Account at the Bookmaker.com.au; and/or
In the case of fraudulent, illegal or similar misconduct by you or failure by you to pay any sums due to us:
Furnish any relevant information about you to an intra-group database recording such mischief and, if necessary, hand over your account details to a collection agency for the recovery of any sums that you owe us. You hereby irrevocably authorize us to do so in our absolute discretion; and/or
Have forfeited to us, any contested funds that may be derived by you from fraudulent, illegal or similar miscount.
1.6 Dormant Accounts
It is recorded that the provisions of this Clause 1.6 only apply if a Players account at the Bookmaker.com.au constitutes a Dormant Account. 'Dormant' means an account that has been inactive for a period of six (6) months or more.
An Account Management fee of $25.00 may be debited from any account that is dormant.
1.7 Banking Fees
Your account should not be used as a banking facility and deposits should only be made with a view to using funds to place bets. Should customers make repeated deposits and withdrawals without commensurate bets being placed, we reserve the right to pass on to the customer's account - without prior notice - any bank charges we have incurred before closing the account.
Account facilities are provided to customers solely to enable them to place bets or participate in Bookmaker.com.au wagers. Customers who, for whatever reason, appear to be depositing or withdrawing money without genuine play will be liable to have their account suspended and the circumstances investigated. This may result in a report to the necessary authorities or the account being closed.
Furthermore, in the instances where the Bookmaker.com.au absorbs Banking Transaction fees, if the entire deposit amount is not bet through (turned over) at least once, any transfer charges associated with the deposit/withdrawal amount will be deducted from the account prior to the withdrawal - at a minimum five percent (5%).
The Bookmaker.com.au, in its absolute discretion and without giving reason, reserves the right to refuse to accept any type of payment presented to it irrespective of whether it has previously accepted such payment type from that customer or would usually accept that payment type from any customer.
1.8 Nature of Your Account
Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with us in Your Account shall not attract any interest. Monies deposited with us are held under a normal bank account in the name of the appropriate company.
1.9 Money Laundering
It is recorded that some jurisdictions have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Bookmaker.com.au to facilitate criminal activity.
If we have knowledge or suspicion envisaged in 1.9.1 above we may:
Immediately suspend, deregister or terminate your Account at the Bookmaker.com.au; and/or
At our sole discretion, not refund to you any funds held in such Account; and/or
Furnish any relevant information about you to an intra-group database recording such mischief. You hereby irrevocably authorise us to do so in our absolute discretion.
We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obligated, by law, to do so.
In order to assist in the prevention of money laundering:
No cash shall be accepted to fund any Account at the Bookmaker.com.au;
No substantial and/or exceptional withdrawals individually and cumulatively shall be made unless notarized facsimile copies of at least 2 (two) of the following are received:
Your most recent bank statements for the bank account from which your wagers have been paid;
Official identification document containing a photographic identification of you;
Current and valid passport; or
Utility bill (e.g. gas, water, telephone, etc) bearing your name and your address registered with us.
Notwithstanding the aforegoing, we additionally reserve the right to require any of the above documentation at any time during our dealings for the purposes of identity verification.
2. The Service
The Service is provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the Website.
We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in wagering activities, means or ways not intended by us.
We cannot guarantee that the Service will never be faulty, but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail or in writing to Customer Service.
A Member undertakes to Bookmaker.com.au to keep Bookmaker.com.au informed at all times of any matter which comes to the Member's attention from which it might reasonably be concluded that the Member's account has an incorrect balance for whatever reason or whereby wrong dividends have been applied to the account.
Although we shall take all reasonable measures to ensure that the website and any files originating from us are free from viruses, we cannot and do not guarantee that any files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after temporary suspension.
3. Shared Environments
We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts at the Bookmaker.com.au where such Accounts originate from environments where computers are, or the environment is, shared.
4. Indemnity & Limitations of Liability
You indemnify and hold harmless the Bookmaker.com.au, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the Bookmaker.com.au and any of its subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by you at the Bookmaker.com.au. The nature of your participation shall include, but not be limited to, inter alia:
visiting, use or re-use of the Bookmaker.com.au Website;
use or re-use of any materials at, or obtained from, this Bookmaker.com.au website or any other source whatsoever;
entry , use or re-use of the Bookmaker.com.au Website server;
facilitating or making a deposit into your Account at the Bookmaker.com.au;
wagering at the Bookmaker.com.au;
acceptance and use of any win, prize at or from the Bookmaker.com.au; and
use or re-use of the Bookmaker.com.au website, by any means and through any medium.
In no circumstances whatsoever shall the Bookmaker.com.au, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the Bookmaker.com.au and any of its subsidiaries be liable to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even where we have been notified by you of the possibility of such loss or damage).
You are wholly responsible for the secrecy of your betting account, and should make every effort to prevent the use of the personal account number by any third party, as any transactions entered into where the account holder’s number has been given to effect a wager, shall stand as bona fide transactions dependant only upon the current balance of the account. In the event that you suspect that a third party may have your account number and or password, you may at any time as the Bookmaker.com.au to furnish you with a new account number and/or password.
5. Promotions & Competitions
It is recorded that the Bookmaker.com.au shall, from time to time, offer certain promotions and competitions and that these competitions and promotions may have separate terms, conditions and rules that are competition or promotion-specific.
These Terms and Conditions apply to any competition or promotion.
In the event of conflict between these Terms and Conditions and the promotion or competition-specific Terms and Conditions, the promotion or competition-specific Terms and Conditions shall prevail but only to the extent that the Terms and Conditions conflict with one another.
6. Rules of Play
In addition to these Terms and Conditions, certain Rules of Play shall apply to you and be binding upon you in respect of your participation at the Bookmaker.com.au.
You hereby agree to be bound by the aforementioned Rules of Play as if they were specifically incorporated into these Terms and Conditions.
7. Intellectual Property
We herby grant you a revocable, non-exclusive, non-transferable right to use the Bookmaker.com.au website and all content derived from the Bookmaker.com.au website, including copyright and all intellectual property rights therein, in connection with the Service in accordance with these Terms and Conditions.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Bookmaker.com.au website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Bookmaker.com.au website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, or create derivative works of such material and content.
The Bookmaker.com.au may, without notice to you, amend, alter, delete, interlineate, or add to ("Changes") these Terms and Conditions, the General Betting Rules, the Rules of Play or the Promotional and Competition Rules at any time whatsoever.
These Changes shall become effective, and you shall be bound by these Changes, immediately upon their posting on the Bookmaker.com.au website.
You agree to regularly review these Terms & Conditions, promotion or competition-specific Terms and Conditions, and the Rules of Play regularly in order to assess whether any Changes have been made.
The Bookmaker.com.au employees, subsidiaries, licensees, licensors, distributors and other associated or affiliated companies or, in the case of individuals, the immediate family of such individuals, are not eligible to participate at the Bookmaker.com.au.
If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.
No indulge granted by the Bookmaker.com.au to you should be construed as a waiver of any of our or the Bookmaker.com.au’s rights in terms of these Terms and Conditions.
8.5 Third Parties
Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.
We reserve the right to transfer, assign, sub-licence or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Terms and Conditions. You may not transfer, assign, sub-licence or pledge any of the rights and obligations granted to or imposed upon you by these Terms and Conditions.
8.7 Whole Agreement
Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understanding between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement.
In this Agreement the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.
8.9 Applicable Law and Jurisdiction
The validity, construction and performance of this Agreement shall be governed by the laws of Norfolk Island and shall be subject to the non-exclusive jurisdiction of the Norfolk Island to which the parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction.
8.10 Limitations of Actions
You hereby agree that any legal proceedings to enforce any claim that you may have (if any) against the Bookmaker.com.au shall be initiated by you within a period of six (6) months of the cause of action arising (the "Prescription Period"); failing which you hereby forever waive and abandon any right that you may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.
These terms were last updated on 08 February, 2012