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Part A: Definitions and Interpretations

 

DEFINITIONS:

“Accounts”

means your Corporate Account and each of your Product Accounts.

“Australian Consumer Law”

"Autoplay"

means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

means the online service set up by you to play your selected Lotto games automatically.

“Claim”

means any claim, action, proceeding, litigation, obligation, investigation or demand made against the person concerned however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.

“Corporate Account”

means your account with Tatts Online.

“Credit File Information”

means a credit information file as defined in the Commonwealth Privacy Act 1988.

“Credit Reporting Agency”

means a credit reporting agency as defined in the Commonwealth Privacy Act 1988.

“Designated Account”

means the account nominated by you for withdrawals from your Account (refer to section 10 of Part B).

“Golden Casket”

means Golden Casket Lottery Corporation Limited ACN 078 785 449.

“Inactive”

means that there has been no deposit, withdrawal, Product purchase, dividend or prize won or paid, on all of your Accounts.

“Inactive Account”

means that your Corporate Account has been Inactive for a continuous period of at least fourteen months or has otherwise been deemed Inactive by us in accordance with the Terms and Conditions.

“Legislation”

means, in respect of the Products of:

(a) TattsBet Limited - Wagering Act 1998 (Qld);

(b) SA TAB – Authorised Betting Operations Act 2000 (SA);

(c) NT TAB – Totalisator Licensing and Regulation Act (NT) and the Racing and Betting Act (NT);

(d) TOTE Tas - Gaming Control Act 1993 (Tas);

(e) Golden Casket – Lotteries Act 1997 (Qld);

(f) Tattersall’s Sweeps (including Tatts.com Pty Ltd) – Gambling Regulation Act 2003 (Vic);

(g) NSW Lotteries - Public Lotteries Act 1996 (NSW),

(h) Tatts NT – Gaming Control Act (NT) and the Soccer Football Pools Act (NT),

(i) SA Lotteries – State Lotteries Act 1966 (SA),


and all ordinances, by-laws, regulations or other statutory documents issued under each.

“Liability”

means any debt or other monetary liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.

“Loss”

includes any direct, indirect or consequential loss, loss of chance, damage, Liability, cost or expense however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.

“Member”

means a person who has been accepted by us as either a Restricted Member or an Unrestricted Member (as applicable) following submission of an application for registration.

“Nominated Pre-commitment Limit”

means your nominated monetary limit on Products that can be purchased by you over a specified period of time.

“NSW Lotteries”

means New South Wales Lotteries Corporation Pty Ltd ACN 142 890 195 and ABN 27 410 374 474.

“NT TAB”

means NT TAB Pty Ltd ACN 092 655 831.

“Products”

means wagering and lottery products and services as supplied by the Product Suppliers and any other products and services that we are lawfully able to supply from time to time.

“Product Accounts”

means your account with one or more of the Product Suppliers.

“Product Suppliers”

means:

(a) for wagering products:

for residents of Queensland, TattsBet Limited and NT TAB[1];
for residents of South Australia, SA TAB and NT TAB[1];
for residents of Tasmania, Tote Tas and NT TAB[1];
for residents of selected international jurisdictions and all Australian jurisdictions other than Queensland, South Australia and the Northern Territory who created their wagering Product Account on or before 26/03/2012, NT TAB; otherwise, TOTE Tas and NT TAB[1];

(b) for lottery products:

for residents of Victoria, Tasmania and the Australian Capital Territory, tatts.com Pty Ltd ACN 060 353 195 on behalf of Tattersall’s Sweeps;
for residents of the Northern Territory and selected international jurisdictions, tatts.com Pty Ltd ACN 060 353 195 on behalf of Tatts NT;
for residents of Queensland, Golden Casket;
for residents of New South Wales, NSW Lotteries;
for residents of South Australia, Tatts SA as master agent for the Lotteries Commission of South Australia.

“Related Body Corporate”

has the meaning given in the Corporations Act 2001 (Cth).

“Restricted Member”

means a person whose identity, age and place of residence have not been verified in accordance with our identification procedures. A Restricted Member includes a person who has advised us of a change to their personal details, which has not been verified in accordance with our identification procedures.

“Rules”

means the rules made by each of the Product Suppliers that govern the supply of their Products, as approved by the relevant gambling regulator (if necessary).

“SA TAB”

means SA TAB Pty Ltd ACN 097 719 107.

“TAB Active”

means a betting application provided in conjunction with Sky Racing Channel which may enable you to place bets with TattsBet using your pay-television remote control and your relevant Product Account (if available).

“Tattersall’s Sweeps”

means Tattersall’s Sweeps Pty Ltd ACN 081 925 662.

“TattsBet”

means the wagering businesses conducted by TattsBet Limited, SA TAB, NT TAB and TOTE Tas.

“TattsBet Limited”

means TattsBet Limited ACN 085 691 738.

“Tatts SA”

means Tatts Lotteries SA Pty Ltd ACN 146 245 007 acting as master agent for the Lotteries Commission of South Australia.

“Tatts Group”

means Tatts Group Limited and its Related Bodies Corporate.

“Tatts Group Limited”

"Tatts NT"

means Tatts Group Limited ACN 108 686 040.

means Tatts NT Lotteries Pty Ltd ACN 146 244 984.

“Tatts Online”

means Tatts Online Pty Ltd ACN 149 493 694.

“Terms and Conditions”

means the terms and conditions applicable to you as specified in section 1.2 of Part B, including the terms and conditions for your Corporate Account and Product Accounts.

“Third Parties”

means any person who is not you or Tatts Group.

“TOTE Tas”

means TOTE Tasmania Pty Ltd ACN 095 972 106.

“Unrestricted Member”

means a person whose identity, age and place of residence have been verified in accordance with our identification procedures.

“us, our and we”

means:

(a) For Parts A and B, Tatts Online and each relevant Product Supplier;

(b) For Part C, Tatts Online;

(c) For Part D, your Product Supplier for wagering products (i.e. either TattsBet Limited, SA TAB, NT TAB or TOTE Tas, as applicable);

(d) For Part E, NT TAB;

(e) For Part F, Golden Casket;

(f) For Part G, NSW Lotteries;

(g) For Part H, tatts.com Pty Ltd; 

(h) For Part I, Tatts SA; and

(i) For Part J, tatts.com Pty Ltd. Golden Casket, NSW Lotteries.

“Websites”

means:

(a) For Parts A and B, the following websites:

tatts.com;
tattsbet.com;
goldencasket.com;
nswlotteries.com.au;
tattersalls.com.au;
salotteries.com.au

(b) For Part C, tatts.com;

(c) For Parts D and E, tattsbet.com;

(e) For Part F, goldencasket.com;

(f) For Part G, nswlotteries.com.au;

(g) For Part H, tattersalls.com.au;

(h) For Part I, salotteries.com.au

 

 

INTERPRETATION:

In these terms:

(a) headings are for convenience only and do not affect interpretation;

(b) “person” includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;

(c) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;

(d) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) references to any legislation or to any section or provision of any legislation includes reference to that legislation as amended, re-enacted or replaced;

(f) “includes” in any form is not a word of limitation; and

(g) a reference to “$” or “dollar” is to Australian currency.

 

 

Part B: Common Terms and Conditions


1 Introduction

1.1 You will only be able to offer to purchase Products from the Product Suppliers using the Websites if you have made and we have accepted your application for registration with us.

1.2 By establishing Accounts with us, you agree to be bound by Part A (Definitions and Interpretations), Part B (Common Terms and Conditions), Part C (Tatts Online Terms and Conditions) and the specific terms and conditions applicable to your Product Accounts (Parts D – I).

A

Definitions and Interpretation

Applicable to all Accounts.

B

Common Terms and Conditions

Applicable to all Accounts.

C

Tatts Online Terms and Conditions

Applicable to a Corporate Account.

D

TattsBet Terms and Conditions

Applicable to Product Accounts with TattsBet Limited, SA TAB, NT TAB and TOTE Tas and all Products and services available through that Product Account (excluding Products and services supplied by NT TAB pursuant to Part E).

E

NT TAB Terms and Conditions

Applicable to a Product Account with NT TAB and all Products and services available through that Product Account (excluding Products and services supplied by NT TAB pursuant to Part D).

F

Golden Casket Terms and Conditions

Applicable to a Product Account with Golden Casket and all Products and services available through that Product Account.

G

NSW Lotteries Terms and Conditions

Applicable to a Product Account with NSW Lotteries and all Products and services available through that Product Account.

H

Tatts.com Pty Ltd Terms and Conditions

Applicable to a Product Account with tatts.com Pty Ltd (as an agent of Tattersall’s Sweeps and Tatts NT) and all Products and services available through that Product Account.

I

J

Tatts SA Terms and Conditions

Autoplay Functionality

Applicable to a Product Account with Tatts SA (as master agent for the Lotteries Commission of South Australia) and all Products and services available through that Product Account

The automatic purchasing of a specific entry in a lottery based on the settings requested by you at the time you set it up.

 

1.3 If particular types or styles of Products are unavailable for purchase or if particular Websites are not operational, then the relevant Terms and Conditions will only be operative if and when such types or styles of Products are available or such Websites are operational.

1.4 You must carefully read through the Terms and Conditions which apply to you.

1.5 If there is an inconsistency between Part B (Common Terms and Conditions) and any of the terms and conditions contained in the Product Supplier or Tatts Online terms and conditions (Parts C – I), the terms and conditions in Parts C – I will prevail to the extent of any such inconsistency.

1.6 The Terms and Conditions are subject to the Legislation. In the event of any conflict between the Terms and Conditions and the Legislation, the Legislation will prevail to the extent necessary to resolve the conflict.

 

2 Our agreement with you – Acceptance of Terms and Conditions

2.1 The Terms and Conditions govern all aspects of your transactions with us.

2.2 By establishing Accounts you represent to us that you have read, understood and accept that you will be bound by the applicable Terms and Conditions.

2.3 We strongly advise that you seek legal advice should you require assistance with, or an explanation of, any of the Terms and Conditions.

 

3 Warning and Warranty

3.1 The accessibility and operation of the Websites rely on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of the Websites.

3.2 We may from time-to-time close or limit access to the Websites for various reasons including, for example, scheduled downtime.

3.3 While considerable care has been taken in compiling and updating the content and information on the Websites we do not guarantee the accuracy of such content and information and as such it is used at your own risk.

3.4 From time to time, the Websites may contain links to other internet sites not operated by us. We do not control those sites and as such:

(a) are not responsible for their content; and

(b) these links do not indicate endorsement by us or support of any goods, services or content on those sites.

3.5 We cannot and do not guarantee that files available for downloading from the Websites will be free of viruses, or other codes that may corrupt or infect your computer. You are solely responsible for implementing virus checking and other procedures to prevent any such corruption or infection.

3.6 We may at any time and without notice amend the help pages and other procedures and explanatory information displayed on or accessible from the Websites.

 

4 Indemnity and Limitation of Liability

4.1 Nothing in this section 4 affects your rights under the Australian Consumer Law. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.

4.2 Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, we will not be liable to you for any Loss, Claim or Liability arising from or deemed or alleged to have arisen from or caused by the Websites or their content, including without limitation your or any other person’s use or misuse of any content on the Websites, your use or your inability to use the Websites, delays in operation or transmission, communication line failures, or any errors or omissions in content save to the extent that such Loss, Claim or Liability arises directly from our negligence or wilful misconduct or that of any of our officers, employees or agents.

4.3 To the extent permitted by law, you agree to indemnify us, our officers, employees and agents from and against any Claims, Loss and Liabilities:

(a) arising directly or indirectly out of your use of the Websites and any content on the Websites; or

(b) from any violation by you of the Terms and Conditions (including negligent or wrongful conduct by you or any other person accessing the Websites),

except for any Loss, Claim or Liability which results directly from our negligence or wilful misconduct or that of our officers, employees or agents.

 

5 Registration

5.1 You will only be able to offer to purchase Products from Product Suppliers if you have made and we have accepted your application for registration.

5.2 Upon our acceptance of your application for registration:

(a) Tatts Online will open a Corporate Account in your name;

(b) the relevant Product Suppliers will open Product Accounts in your name;

(c) you will be able to make deposits into your Accounts;

(d) you will be able to offer to purchase Products from Product Suppliers who have opened a Product Account in your name; and

(e) you will be registered as a Restricted Member for all your Accounts until such time as your identity, age and place of residence have been verified in accordance with our identification procedures.

5.3 You can only make an application for registration as a Member:

(a) if you are an individual person (unless otherwise specified in the Terms and Conditions or agreed by us);

(b) if you are at least 18 years of age (or older if so required by any laws applicable in your place of residence or in any jurisdiction in which you are located when transacting with us);

(c) if you are not currently excluded from acquiring any Products for any reason; and

(d) where such registration and the opening of Accounts with us does not contravene any law applicable to your place of residence or in any jurisdiction in which you are located when transacting with us.

5.4 When you make an application for registration you provide us with certain information. It is your ongoing responsibility to inform us of any changes in the information you have given us. We rely on this information being true, correct and not misleading. If the information is untrue, incorrect or misleading in any material way:

(a) we may cancel or suspend your Accounts;

(b) each relevant Product Supplier may cancel and dishonour any Product purchases or offers to purchase Products made by you; and

(c) where you have committed a serious breach of this section 5.4, including where there has been a breach of law, each relevant Product Supplier may retain (or recover from you) the value of those Product purchases and any winnings paid to you.

5.5 To become an Unrestricted Member, we must verify your identity, age and place of residence in accordance with our identification procedures and you authorise us to make such enquiries as we consider necessary in our discretion to verify the personal information provided by you. Full information on our identification procedures can be found on the Websites.

5.6 In order to verify your identity, we may disclose your name, residential address and date of birth to a credit reporting agency and ask the credit reporting agency to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the credit reporting agency to assist in verifying your identity for the purposes of the Commonwealth Anti-Money Laundering and Counter-Terrorism Financing Act 2006. The credit reporting agency may prepare and provide us with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment. Any assessment provided by a credit reporting agency will only be used by us for the purpose of verifying your identity in accordance with the requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. If you disagree with having your identity verified by a credit reporting agency, please select another data source or contact us in the manner set out in section 17.5.4 of this Part B prior to accepting these terms and conditions so that we can discuss other options with you.

5.7 For as long as you are a Restricted Member you cannot:

(a) close any of your Accounts; or

(b) withdraw funds from any of your Accounts, irrespective of whether such funds were deposited by you or are winnings or other moneys in any of your Accounts.

 

If you are a Restricted Member, further restrictions may apply to your Product Accounts. Refer to the specific terms and conditions applicable to your Product Accounts (Parts D – I).

5.8 When you make an application for registration and each time you make an offer to purchase Products from Product Suppliers, you warrant to us that you are legally entitled to:

(a) apply for registration;

(b) deposit funds with us; and

(c) purchase Products and receive winnings from Product Suppliers.

You warrant that all of the above will not in any way violate any law applicable to your place of residence or in any jurisdiction in which you are located when transacting with us.

5.9 We do not agree to:

(a) accept your application for registration;

(b) accept your deposit of funds;

(c) accept your offer to make Product purchases from Product Suppliers; or

(d) pay you any winnings,

while you are prohibited by any law from such activity. We therefore rely upon your warranties in section 5.7 of this Part B and you indemnify us from any Loss, Claim or Liability arising from those warranties being incorrect.

5.10 The Product Suppliers do not guarantee to accept any offers you make to purchase Products and may refuse to do so in their absolute discretion without notice to you and without giving reasons.

 

6 Use of your Accounts

6.1 Unless otherwise agreed by us, at our absolute discretion, you may only have one Corporate Account and one Product Account with each Product Supplier with whom you are lawfully entitled to apply for registration.

6.2 If we reasonably believe that you have more than one Product Account with the same Product Supplier, we may at any time, without notice to you, combine the balance of those Product Accounts and close any duplicate Product Accounts with us, unless we know that the Product Accounts:

(a) are not held by the same person; or

(b) are held in different capacities.

We will give you notice promptly after we combine your Product Accounts and close any duplicate Product Accounts.

6.3 Your Account has been established solely for the purpose of supply by the Product Supplier of Products to you. You may only use funds credited to your Corporate Account and Product Accounts for the purchase of Products, and not for any other purpose. Without limiting the foregoing, your Accounts may not be used by you to transfer money to Third Parties, to purchase products or services offered by Third Parties, to make payments to Third Parties or as a bank account.

6.4 Your funds will be held in one or more of Tatts Group’s general accounts and you consent to those funds being invested on short term money markets or in interest bearing accounts. No interest will be payable by us on funds standing to the credit of your Accounts.

6.5 Tatts Online and each relevant Product Supplier hold your funds on trust for you.

 

7 Account Security and Responsibility for Your Accounts

7.1 You are responsible for all of the obligations arising out of or in relation to your application for registration and your Accounts.

7.2 When you apply for registration, you will be allocated a username and required to nominate a password and to provide other verification information. If we accept your application for registration, your username will be confirmed by email to the email address specified by you in your application for registration.

7.3 You must enter your username and password in order to access your Accounts and offer to purchase Products.

7.4 It is your responsibility to ensure that:

(a) no other person accesses the Websites or purchases Products via the Websites using your username, password or your Accounts;

(b) you do not disclose your username or password or other verification information to anyone,

because you will be responsible for any use of your Accounts and Products purchased by any other person using your Accounts and we have no Liability for any Loss to you or others in this regard and your Accounts will be charged accordingly for such purchases and any associated fees and charges.

7.5 You may change your password or other verification information or suspend access to your Accounts at any time by contacting us in the manner set out in section 17.5.4 of this Part B. If you inadvertently disclose your password to anyone you should immediately contact us and/or change your password.

 

8 Purchasing of Products and Payment of Winnings

8.1 The manner in which you may offer to purchase Products using your Accounts is provided on each Product Supplier’s Website.

8.2 Product Suppliers will only accept offers to purchase Products from Members in whose names an Account has been opened and where sufficient funds are available in the Member’s Accounts to purchase the Products.

8.3 Your offer to purchase a Product is not a valid purchase until it:

(a) is accepted by the Product Supplier; and

(b) is recorded in the computer system of the Product Supplier as a valid purchase.

8.4 We may, at our discretion, refuse a proposed purchase.

8.5 You must check the details of the Product that you purchase at the time of purchase, to ensure that it is exactly the same type of Product you intended to purchase and that no error has occurred during the purchasing process.

8.6 The Product Suppliers:

(a) do not guarantee to accept offers made by you to purchase Products; and

(b) subject to any relevant provisions in the Legislation, may cancel a purchase made by you where you have committed a material breach of these Terms and Conditions (e.g. if you were under age at the time of purchase) or where such cancellation is made in accordance with the Legislation.

8.7 The records of the relevant Product Supplier from whom you purchased a Product are conclusive evidence of and are deemed to be the true and correct record of the Product purchased. Product Suppliers will not recognise computer printouts and other records provided by you as evidence of your purchase of Products.

8.8 Offers from you to purchase Products must be received by the relevant Product Supplier prior to the deadline for the submission of offers otherwise your offer to purchase will not be processed and will be declined. The respective deadlines are shown in the help pages on the Websites.

8.9 In circumstances where you have commenced making an offer to purchase which cannot be completed for any reason (e.g. as a result of a failure or break in your connection to the internet or in the connection between you and the Websites or between the Websites and the internet) if the offer to purchase Products is subsequently accepted prior to the relevant deadlines, that offer will stand and once accepted your relevant Account will be debited for the cost of the Product.

8.10 If the Websites or the computer systems of the Product Suppliers experience any form of malfunction during the:

(a) receipt of an offer by you to purchase Products;

(b) process by means of which the relevant computer system attempts to give effect to your offer; or

(c) relevant Product Supplier’s confirmation of its acceptance of your offer to purchase,

and the relevant Product Supplier is unable to recover or verify the status of that offer to purchase Products during data recovery, then such unfinished or interrupted offer to purchase Products will be deemed void and not to have been placed. Any necessary adjustments will be made to your Accounts.

8.11 Offers to purchase Products may be refused if we reasonably suspect or know that the relevant Product Supplier’s computer system failed to function in the manner in which it was designed and programmed to function.

8.12 Cancellation of a Product purchased by you is subject to the Terms and Conditions of each Product Supplier.

8.13 If your offer to purchase Products is accepted by the relevant Product Supplier, you authorise Tatts Online to transfer from your Corporate Account to your relevant Product Account such amount as the Product Supplier notifies it is necessary to purchase your selected Products and your Corporate Account will be debited in this amount.

8.14 From the time you become an Unrestricted Member, if you are entitled to receive winnings from a Product Supplier, you authorise each relevant Product Supplier to transfer all winnings from your relevant Product Account to your Corporate Account upon payment by the Product Supplier into your Product Account. For as long as you remain as a Restricted Member, all winnings received by you (if any) will remain in your relevant Product Account.

 

9 Depositing funds into your Accounts

9.1 Information regarding how to make deposits is provided on the Websites and on the Deposit Funds page in the Your Account section of the Website.

9.2 You may deposit funds into your Accounts by:

(a) charging to certain credit cards accepted by us, subject to section 9.7 of this Part B;

(b) any other service we may make available from time to time in the manner shown on the Websites which includes deposit by BPAY®[2] and transfer from your bank account.

9.3 We may change the manner in which deposits can be made (including cancelling or suspending any deposit method) at any time and we will notify you of these changes as soon as practicable.

9.4 When you make a deposit with us you are using a facility offered by one or more Third Parties and your use of those facilities is subject to the terms and conditions of use stipulated by those Third Parties.

9.5 Deposits of funds into your Accounts will only be recognised when we have received confirmation from the Third Parties referred to in section 9.4 of this Part B that the funds have been cleared for our use.

9.6 We try to ensure that the balances of your Accounts are correct at all times. Nevertheless, you should check the balances of your Accounts and transaction history frequently and bring any apparent disparity to our attention immediately by contacting us.

9.7 Deposits made by credit card are subject to the following terms:

(a) Deposits may only be made by a credit card issued in your name.  If you use a credit card issued in the name of a third party to deposit funds to your account we may, at our discretion, remove the credit card from your account or close your account.  Subject to any rights available to you under the law, we may not refund deposits made to your account by the use of a credit card issued in the name of a third party.

(b) You may not withdraw funds deposited to your Accounts received via a credit card.

(c) Unused credit card deposits will only be transferred back (on request) to the card from which they were deposited. No other funds will be transferred back to your credit card.

(d) You may cancel the authority to deposit funds via a credit card at any time by notifying us in accordance with section 17.5.4 of this Part B.

(e) Deposits by credit card may be considered a cash advance by the issuer of your credit card and may attract interest from your issuer accordingly. You should contact your issuer for further information.

(f) We reserve the right to deny this service to any Member and may withdraw this service from you at any time.

9.8 We may from time to time impose limitations on your Accounts. The limitations (if any) are shown on the Websites. We will notify you of any or all of the following changes to limitations on deposits to your Accounts:

(a) minimum deposits;

(b) maximum deposits (including maximum total deposits over a particular period of time);

(c) minimum balances; and

(d) maximum balances (if we impose a maximum balance for your Accounts you must not make deposits which would take the balance of your Accounts beyond that maximum balance).

9.9 No interest will be payable by us on funds standing to the credit of your Accounts.

9.10 In the event that funds are credited to any of your Accounts in error, it is your responsibility to notify us of the error at the earliest opportunity. Unless we notify you to the contrary, any transactions resulting from the error will be void.

 

10 Withdrawing Funds from Your Accounts

10.1 Information regarding how to make withdrawals from your Accounts is provided on the Websites and on the Withdraw funds page of the Your Accounts section of the Website.

10.2 If you are an Unrestricted Member, you may withdraw funds from your Accounts by any of the services we make available from time to time in the manner shown on the Websites, which includes direct credit to your Designated Account.

10.3 If you are a Restricted Member you cannot withdraw funds from any of your Accounts.

10.4 If you request us to make payments directly to you, we will only make payments to your registered address or Designated Account, unless otherwise agreed by us. We will not be liable for any delayed or lost mail nor will we be liable if you do not receive your withdrawn funds as a result of any incorrect information provided by you to us.

10.5 We may:

(a) place a stop payment on any cheque that is issued to you;

(b) temporarily block your Accounts if we consider that payment of such cheque or the continued operation of such Accounts is illegal or constitutes an offence; and

(c) withhold payments of any nature and void all your winnings if you have committed a serious breach of section 5.4 of this Part B, including where there has been a breach of law.

10.6 We may from time to time impose limitations on withdrawals from your Accounts. The limitations (if any) are shown on the Websites. We will notify you of any or all of the following changes to limitations on your Accounts:

(a) minimum withdrawals;

(b) maximum withdrawals;

(c) minimum balances; and

(d) maximum balances.

 

11 Inactive and Dormant Accounts

11.1 If there have been no transactions on your Corporate Account (either by depositing funds into or withdrawing funds (including winnings) from your Accounts or purchasing Products) for a continuous period of 13 months, we will give you notice that if your Corporate Account continues to be Inactive for a further 1 month period immediately following our notice to you, we will charge your Corporate Account an account maintenance fee of $5.50 per month (including GST) from the time that your Corporate Account becomes an Inactive Account and for as long as your Corporate Account remains Inactive. This fee represents the reasonable costs incurred by us in maintaining your Corporate Account throughout extended periods of inactivity.

11.2 We will cease charging an account maintenance fee if you transact on one or more of your Accounts (either by purchasing Products, or depositing funds into or withdrawing funds (including winnings) from your Accounts), if you instruct us to close all of your Accounts, or if your Corporate Account has a zero balance.

11.3 If you have a Product Account with TOTE Tas and there have been no transactions on your Product Account (either by depositing funds into or withdrawing funds (including winnings) from your Product Account, purchasing Products using your Product Account or logging into your Product Account) for a continuous period of 24 months, your account will be deemed to be dormant.

11.4 All dormant accounts will be closed and TOTE Tas will, as soon as reasonably practicable, remit to you the balance of your Product Account, less applicable costs, fees and charges (refer to section 13 of this Part B) by cheque made out to you and posted to your last known residential address.  If you cannot be located, then the outstanding balance of your Product Account with TOTE Tas wil be paid to the Tasmanian Department of Treasury and Finance in accordance with the Legislation.  TOTE Tas dormant account balances may be claimed by submitting a claim to:

The Secretary, Department of Treasury and Finance
GPO Box 147
HOBART  TAS  7001
Email: unclaimed.money@treasury.tas.gov.au
Ph: (03) 6233 2948
Fax: (03) 6233 3697

 

12 Suspension or Closure of your Accounts

12.1 We may suspend or close any of your Accounts at any time by giving you at least 30 days’ notice. You may continue to use your Accounts in accordance with the Terms and Conditions during the notice period.

12.2 You may suspend any of your Accounts or, if you are an Unrestricted Member, you may close any of your Accounts, at any time by notifying us in accordance with section 17.5.4 of this Part B and requesting that any of your Accounts be suspended or closed. You must become an Unrestricted Member before you can close any of your Accounts.

12.3 While any one or more of your Accounts is suspended, you will not be able to:

(a) deposit funds to the relevant suspended Accounts;

(b) purchase Products using funds standing to the credit of the relevant suspended Accounts; or

(c) withdraw funds from the relevant suspended Accounts,

until the suspension on your relevant Accounts is lifted. We are not liable to you in any form for your inability to use your Accounts while they are suspended.

12.4 If you have committed a material breach of the Terms and Conditions including, for example, if we become aware or reasonably believe that any of your Accounts:

(a) may have been used to facilitate or is connected with unlawful, suspicious or fraudulent transactions; or

(b) has been misused, or been subject to unauthorised use,

then we may immediately suspend or close your Accounts.

12.5 If we suspend or close your Accounts pursuant to section 12.4 of this Part B, we will make reasonable efforts to notify you and provide our reasons for suspending or closing your Accounts.

12.6 Subject to section 12.8 of this Part B, if at the time when your Accounts are closed:

(a) you are an Unrestricted Member; and

(b) the balance of your Accounts is $10.00 or more,

we will, as soon as reasonably practicable, remit to you the balance of your Accounts, less applicable costs, fees and charges (refer to section 13 of this Part B) by electronic transfer to your Designated Account or by cheque made out to you and posted to your residential address, unless otherwise agreed by us.

12.7 Subject to section 12.8 of this Part B, if at the time when your Accounts are closed:

(a) you are an Unrestricted Member; and

(b) the total balance of your Accounts is less than $10.00,

the total balance of your Accounts, less applicable costs, fees and charges (refer to section 13 of this Part B), will be available for collection from the following locations for a period of 90 days following the closure of your Accounts:

- Level 1, 411 Collins Street, Victoria 3000
- 87 Ipswich Road, Woolloongabba, Queensland 4102
- 240 Sandgate Road, Albion, Queensland 4010
- 1 Figtree Drive, Sydney Olympic Park, New South Wales 2127
- 188 Richmond Road, Marleston, South Australia 5033
- 69 Progress Drive, Nightcliff, Northern Territory 0810.
- 6 Goodwood Road, Glenorchy, Tasmania 7010.
- 188 Richmond Road, Marleston, SA 5033

You will be required to provide photo identification prior to payment being made to you. If funds are not collected within 90 days following the closure of your Accounts, your Corporate Account will be deemed to be an Inactive Account and we will commence to charge your Corporate Account an account maintenance fee of $5.50 per month (including GST) commencing on the expiry of the 90 day period. We will cease charging an account maintenance fee when your Corporate Account has a zero balance.

12.8 If at the time when your Accounts are closed you:

(a) are an Unrestricted Member; and

(b) have Product purchases which have not been resulted,

we will send you the proceeds from those purchases, if any, after the results of all such purchases have been determined and in accordance with any applicable time periods stipulated in the Rules, less applicable costs, fees and charges (refer to section 13 of this Part B) by electronic transfer to your Designated Account or by cheque made out to you and posted to your residential address, unless otherwise agreed by us.

12.9 The provisions of sections 12.6, 12.7 and 12.8 of this Part B do not apply where you have closed your Accounts within 30 days of our notifying you of a change to the Terms and Conditions. Where your Accounts are closed in these circumstances, provided that you are an Unrestricted Member, we will, as soon as reasonably practicable, remit to you the balance of your Accounts, if any, without any additional fees or charges, by electronic transfer to your Designated Account or by cheque made out to you and posted to your residential address, unless otherwise agreed by us. The proceeds, if any, from any Product purchases which have not been resulted at that time will be sent to you after the results of all such purchases have been determined and in accordance with any applicable time periods stipulated in the Rules, by electronic transfer to your Designated Account or by cheque made out to you at your residential address, unless otherwise agreed by us.

 

13 Fees and recovery of funds

13.1 We will not impose entry fees, exit fees or fees for the management of your Accounts (excluding account maintenance fees for which we may debit your Accounts). We will give you notice of the introduction or increase of any fee at least 30 days before the change.

13.2 Except where otherwise specified, we reserve the right to recover from you any fees, costs, losses, charges, taxes, imposts, levies or duties imposed on us by a Third Party and which we incur:

(a) in providing services to you;

(b) in respect of Products purchased by you;

(c) in relation to a deposit of funds credited to your Accounts, including:

(i) charges arising from a dishonoured cheque;

(ii) credit card transaction fees; and

(iii) charges in obtaining authorisation or confirmation from the relevant financial institution that the funds will be credited to our bank account;

(d) if a deposit of funds credited to your Account is made fraudulently, incorrectly or in an unauthorised manner;

(e) in transferring funds to you from any of your Accounts; or

(f) otherwise in respect of the Terms and Conditions,

and you hereby authorise us to effect such recovery by:

(g) demand in which case the relevant amount will be payable on demand; or

(h) debiting any of your Accounts by the relevant amount, subject to any limitation imposed by law.

13.3 We reserve the right to recover from you any amount (whether as a prize, dividend or otherwise) that is credited to any of your Accounts in error.

13.4 We may at our discretion waive any fee or charge to your Accounts to which we are entitled. Our failure to collect any fee or charge which applies to your Accounts does not give rise to a waiver of that fee or charge in the future.

 

14 Responsible Gambling and Self-Exclusion

14.1 We are committed to responsible gambling. You should visit our responsible gambling pages on the Websites for information about responsible gambling and self-exclusion.

14.2 We may in our absolute discretion temporarily or permanently close any or all of your Accounts and exclude you from purchasing any or all Products or using our services. If we do this, we will remit the total balance of your Accounts to you in accordance with section 12 of this Part B.

14.3 You may self-exclude from purchasing any Products from the Websites. The process for self-exclusion and terms and conditions which apply to self-exclusion are shown on the Self Manage pages on the Your Accounts section of the Websites.

14.4 During any period of self-exclusion you:

(a) must abide by the obligations as stated in the self-exclusion notice;

(b) must not enter any of the Websites or attempt to use any of your Accounts from which you have been excluded under false pretences or using false information;

(c) agree there is no obligation, duty or responsibility on us to undertake any or all of the actions or things so authorised; and

(d) authorise us during the period of self-exclusion to take such action as we deem necessary to prevent your entry into the Websites or use of your relevant Accounts.

 

15 Rules

15.1 The Rules govern the supply of each Product.

15.2 The Products purchased by you will be supplied in accordance with:

(a) the Rules relevant to the Product purchased;

(b) the Terms and Conditions; and

(c) the relevant Legislation and all other applicable laws.

15.3 Links to the Rules are accessible via the Websites.

 

16 Privacy

16.1 We collect information about you from your application for registration and from your transactions and use of the Websites. This information may include your name, contact details, date of birth, identification details and details relating to your transactions and use of the Websites. We collect this information for the purpose of assessing and processing applications for registration and for the administration of your Accounts, and for carrying out marketing, planning, product development, administration of the Websites and research. If you do not provide all the information requested in the application for registration, except for those fields marked “optional”, we cannot process your application.

16.2 By opening Accounts with us, you consent to us contacting you by any communication means (for example, email, SMS, letter, social media) for an indefinite period of time to provide you with information about upcoming events, promotions, new products and services or other similar opportunities. Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out. If you do not wish to receive these communications, you can opt-out of any or all of them at any time by updating your communication preferences in ‘My Preferences’ in ‘Your Account’ or by contacting us.

16.3 Your personal information will be dealt with in accordance with Tatts Group’s Privacy Policy which is displayed at www.tattsgroup.com/legal/privacy. You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.

16.4 All information collected by us will become and remain the property of Tatts Online and the relevant Product Supplier.

16.5 This section survives termination of your registration with us.

 

17 General

17.1 Assignment: We may assign our rights and obligations under the Terms and Conditions to a Third Party and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us.

17.2 Variation of Terms and Conditions:

17.2.1 We may vary any term of the Terms and Conditions by:

(a) getting your consent; or

(b) complying with this section.

The steps we must take depend on the type of variation.

17.2.2 If we reasonably consider that any change to the Terms and Conditions is likely to:

(a) benefit you; or

(b) be of no or immaterial detriment to you,

We can make the change immediately and do not need to notify you.

17.2.3 We will notify you of any other change to the Terms and Conditions by our choice of at least one of the following:

(a) the next time you access your Accounts using the Websites, starting at least 30 days prior to the change occurring (you may not see the notice until later, or even after the change has occurred, depending on how frequently you access your Accounts using the Websites);

(b) by mail to an address provided to us by you, sent by us at least 30 days prior to the change occurring; or

(c) by email to the email address provided to us by you, sent by us at least 30 days prior to the change occurring.

17.2.4 The notification in section 17.2.3 of this Part B will specify the date of commencement of the change to the Terms and Conditions.

17.2.5 If you are an Unrestricted Member and consider that any change to the Terms and Conditions is detrimental to you, you may close your Accounts during the 30 day notice period without any fees or charges, notwithstanding section12 of this Part B.

17.3 Waiver: Any non-enforcement by us of any of our rights under the Terms and Conditions will not constitute a waiver of those rights. Any waiver by us of any of our rights under the Terms and Conditions will not constitute a waiver on any subsequent occasion.

17.4 Cross References: There are sections in the Terms and Conditions which cross reference or link to information on the Websites. Unless the context otherwise requires, that cross reference or link is not intended to make the cross referenced or linked information a part of the Terms and Conditions.

17.5 Notices:

17.5.1 Where we are required or permitted to give you a notice under the Terms and Conditions, we may do so:

(a) if the notice is about a variation of the Terms and Conditions, by complying with section17.2 of this Part B;

(b) otherwise, in any way, including by:

(i) giving you the information in person (whether it be provided by us or our agents); or

(ii) giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us; or

(iii) making the information available on the Websites.

17.5.2 Where we give you notice:

(a) in person or by telephone, it is taken to be received by you at the time we give it;

(b) by mail, it is taken to be received by you on the day after posting;

(c) by email, it is taken to be received by you when the email is sent, regardless of any response to the email;

(d) by making information available on the Websites, it is taken to be received by you at the time the information is made available on the Websites.

17.5.3 Where any law requires or permits us to give information to you, you consent to that information being given by an electronic communication.

17.5.4 Where you are required or permitted to give us a notice under the Terms and Conditions, you may do so by giving us the notice by:

(a) mail addressed to Notices, Tatts Online Pty Ltd, PO Box 248, Albion, Queensland, 4010;

(b) email to enquires@tatts.com;

(c) through the Website (where available).

 

 

Part C. Tatts Online

 

1 Introduction

1.1 Your Corporate Account is managed by Tatts Online.

1.2 The Terms and Conditions in this Part C contain terms and conditions that are specific to your Corporate Account and the services provided by Tatts Online.  The terms and conditions in this Part C should be read in conjunction with Parts A and B which form part of the terms and conditions that are specific to your Corporate Account. 

1.3 In this Part C, “us”, “we” and “our” means Tatts Online.

 

2 Privacy

2.1 You authorise us to disclose the information provided by you to us, to our Related Bodies Corporate, relevant financial institutions, credit reporting agencies in the manner set out in section 5.6 of Part B, and our agents and sub-contractors for the purpose of verifying your identity and validating and obtaining authorisation for any deposits and withdrawals made by you, for the administration of your Accounts, and for carrying out marketing, planning, product development, administration of the Websites and research.

 

3 Purchasing Products

3.1 If your offer to purchase Products is accepted by a Product Supplier, you authorise us to transfer from your Corporate Account to your relevant Product Account such amount as the Product Supplier notifies us is necessary to purchase your selected Products and your Corporate Account will be debited by this amount.

3.2 We will provide the Product Suppliers with up-to-date details of your Corporate Account balance so that the Product Suppliers can:

(a) determine whether you have sufficient available funds to purchase Products; and 

(b) make such details available to you each time you make an offer to purchase a Product, and otherwise on request by you.

 

4 Right of Set Off

4.1 We may at any time, without notice to you, set off any Liability owed by you to us or any Product Supplier including, without limitation, from any Product Account in your name against any funds held in another Product Account or Corporate Account, in your name.

 

5 Foreign Currency Amounts

5.1 Your Product Accounts are Australian dollar accounts.  

5.2 If we receive an amount in a foreign currency for deposit to one of your Accounts (including a telegraphic transfer or cheque drawn in foreign currency) we will convert the relevant foreign currency amount into Australian dollars using the applicable retail exchange rate made available by the financial institution we choose.  

5.3 If you request any withdrawal from your Accounts to be paid in a foreign currency (including a telegraphic transfer or cheque drawn in foreign currency) we will convert the Australian dollar amount of your withdrawal into the requested foreign currency using the applicable retail exchange rate made available by the financial institution we choose.

5.4 You agree to accept any and all foreign exchange fees, costs, charges, taxes, imposts, levies or duties imposed on us by Third Parties and which are incurred by us in receiving funds deposited by you or transferring funds withdrawn by you from your Accounts.  Details regarding additional fees and charges which may apply can be found in section 13 of Part B.

 

6 Interest

6.1 No interest will be payable by us on funds standing to the credit of your Accounts.

 

7 Unclaimed Money

7.1 Immediately prior to funds standing to the credit of your Corporate Account becoming unclaimed money, as defined in the Unclaimed Money Act 2008 (Vic), you agree that:

(a) if you are a resident of Queensland, those funds will be transferred to your Product Account with either TattsBet Limited or Golden Casket (at our discretion); or 

(b) if you are a resident of New South Wales or the Australian Capital Territory, those funds will be transferred to your Product Account with NSW Lotteries; or

(c) if you are a resident of South Australia, those funds will be transferred to your Product Account with either SA TAB or Tatts SA; or

(d) if you are a resident of Tasmania, those funds will be transferred to your Product Account with TOTE Tas; or

(e) if you are a resident of the Northern Territory, those funds will be transferred to your Product Account with tatts.com Pty Ltd; or

(f) if you are a resident of any other Australian or international jurisdiction, those funds will remain in your Corporate Account, and will be dealt with in accordance with the Terms and Conditions until claimed by you or until required to be dealt with in accordance with any law or the Rules relating to unclaimed money.  



8 Jurisdiction

8.1 The laws of Victoria govern these Terms and Conditions and you submit to the jurisdiction of the courts of Victoria.

8.2 You agree not to seek to stay or terminate any proceedings brought in Victoria on the grounds that the forum is not convenient or is less appropriate than some other forum.


9 Intellectual Property

9.1 Intellectual property does or may subsist in or relate to the content in this Website, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not.  We own or are licensed to use that intellectual property in all of the content in this Website and by accessing and using this Website, you acknowledge such ownership and/or licence.

9.2 No data, file, graphics, images, results or other content in this Website, including content downloaded from this Website and material you may receive in connection with this Website, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.

 

10 Assignment

10.1 We may assign our rights and obligations under the Terms and Conditions to a Related Body Corporate and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us.

 

 

Part D. TattsBet

 

1 Introduction

1.1 The Terms and Conditions in this Part D contain terms and conditions that are specific to your TattsBet Product Account and the TattsBet Products and services. The terms and conditions in this Part D should be read in conjunction with Parts A and B which form part of the terms and conditions that are specific to your TattsBet Product Account.

1.2 The laws governing our conduct of wagering are contained in the Legislation.

1.3 When you make an offer to us to place bets, if we accept that offer we are accepting the offer you have made to us:

(a) in the case of a Product Account held with TattsBet Limited, in Queensland;

(b) in the case of a Product Account held with SATAB, in South Australia; 

(c) in the case of a Product Account held with NTTAB, in the Northern Territory; and

(d) in the case of a Product Account held with TOTE Tas, in Tasmania,

and you are deemed to receive notification of that acceptance in that jurisdiction and an agreement between you and us is formed in that jurisdiction.

1.4 In this Part D, “us”, “we” and “our” means TattsBet.


2 Account Use

2.1 You may use your Product Account with us to place bets with us including:

(a) using the internet by various methods made available by us from time to time, including by visiting tattsbet.com or by using TAB Active; and

(b) by telephone:

(i) on 13 19 39 for totalisator and fixed price bets with a live operator; and

(ii) on 13 19 32 for totalisator bets with an automated voice recognition system.


3 Withdrawals from TattsBet retail outlets

3.1 You must present your signed withdrawal card and a signed withdrawal form to withdraw funds from your Accounts at a TattsBet retail outlet. For details about how you can request a withdrawal card please contact us.

3.2 For a list of TattsBet retail outlets, see our TAB Locator page on the Website.


4 Rules

4.1 In all instances the use of your Product Account and all bets made by you are governed by:

(a) in the case of a Product Account held with TattsBet Limited, the Wagering Rule 2010 (Qld), the Wagering Regulation 1999 (Qld) and the Wagering Act 1998 (Qld);

(b) in the case of a Product Account held with SATAB, the South Australian Betting Operations Rules and the Authorised Betting Operations Act 2000 (SA);

(c) in the case of a Product Account held with NTTAB, the Totalisator Licensing and Regulation (Wagering) Rules (NT), the Totalisator Licensing and Regulation Act (NT), the Racing and Betting Act (NT) and the Racing and Betting Regulations (NT); or

(d) in the case of a Product Account held with TOTE Tas, the Betting Rules and the Gaming Control Act 1993 (Tas).

4.2 Links to the Rules are accessible on the Website.


5 Call-back of telephone bets

5.1 We will repeat back to you all offers to purchase bets made by you by telephone. It is your responsibility to correct any errors or omissions from this ‘call-back’ of the bet.

5.2 If you do not correct the call-back at the conclusion of the call-back or if you ask for the information not to be ‘called-back’, the purchase of that bet will be taken to have been confirmed as correct.

5.3 It is your responsibility to allow sufficient time for the purchase of your bets – this includes time for any correction of errors or omissions at the conclusion of the ‘call-back’.


6 Cancellation of telephone bets

6.1 You may cancel:

(a) a totalisator bet purchased by telephone:

(i) up until 40 minutes before the advertised starting time for the race;

(ii) less than 40 minutes before the advertised starting time only if:

6.1.(a).(ii).(1) during the phone call in which it was placed you tell us that the bet “called-back” is not the bet you had intended; and

6.1.(a).(ii).(2) the cancellation can be effected before the closing time for accepting bets on the totalisator on which the bet is made.

(b) a fixed price bet purchased by telephone only if:

(i) during the phone call in which it was placed you tell us that the bet “called-back” is not the bet you had intended; and

(ii) the cancellation can be effected before the closing time for accepting bets on the relevant proposition.


7 Cancellation of internet bets

7.1 Subject to any relevant restrictions in the Legislation, totalisator and fixed price bets placed over the internet or TAB Active cannot be cancelled once they have been confirmed by you, recorded on our computer system and accepted by us.


8 Limits on bets

8.1 We or you may place limits from time to time on bets that can be purchased by you over a particular period of time (e.g. a limitation on the bets that can be made per day, per week or per month). The limits are shown on the Self Manage page in the Your Accounts section on the Website.

8.2 Where we impose limits on bets that can be purchased by you, we will notify you of this limitation as soon as possible. If you believe that the change is detrimental to you, you may close your Product Account without any fees or charges.


9 Pre-commitment

9.1 You may set a Nominated Pre-commitment Limit (e.g. a limitation on the bets that can be purchased per day, per week or per month).

9.2 If you request to set a Nominated Pre-commitment Limit, the nominated limit will be imposed on your Product Account with immediate effect.

9.3 You agree that you will not attempt to exceed any Nominated Pre-commitment Limit on your Product Account.

9.4 Your Nominated Pre-commitment Limit will be reset:

(a) daily (for a daily Nominated Pre-commitment Limit);

(b) every Saturday (for a weekly Nominated Pre-commitment Limit); or

(c) on the first day of each month (for a monthly Nominated Pre-commitment Limit).

9.5 We are not liable to you in any form for your inability to make any bets using your Product Account that would exceed your Nominated Pre-commitment Limit.

9.6 A Nominated Pre-commitment Limit will remain in place until you give us notice that you wish to revoke or change your Nominated Pre-commitment Limit. If you give us such a notice and we accept your notice (acting reasonably):

(a) a request to revoke or increase your Nominated Pre-commitment Limit will only take effect 7 days after we receive the notice; and

(b) a request to decrease your Nominated Pre-commitment Limit will take effect as soon as practicable after receipt by us of the notice.


10 Self-Exclusion

10.1 You may self-exclude from purchasing Products via this Website which will result in you being prevented from being able to use your username, password and TattsBet Product Account. The process for self-exclusion is shown on the Self Manage page in the Your Accounts section on the Website.


11 Restricted Member Account closure

11.1 If you do not become an Unrestricted Member within ninety (90) days of being registered as a Restricted Member:

(a) we will close your Product Account; and

(b) any funds standing to the credit of your Product Account will be dealt with in accordance with the Legislation.

11.2 If your Product Account is terminated or closed in accordance with the Terms and Conditions and you are a Restricted Member your Product Account:

(a) will be suspended until the date 90 days after the day you were registered as a Restricted Member; then

(b) will be closed and the balance of funds standing to the credit of your Product Account will be dealt with in accordance with the Legislation.


12 Intellectual Property

12.1 Intellectual property does or may subsist in or relate to the content in this Website, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property in all of the content in this Website and by accessing and using this Website, you acknowledge such ownership and/or licence.

12.2 No data, file, graphics, images, results or other content in this Website, including content downloaded from this Website and material you may receive in connection with this Website, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.


13 Jurisdiction

13.1 In the case of a Product Account held with:

(a) TattsBet Limited, the laws of Queensland govern these Terms and Conditions and you submit to the jurisdiction of the courts of Queensland;

(b) SATAB, the laws of South Australia govern these Terms and Conditions and you submit to the jurisdiction of the courts of South Australia;

(c) NTTAB, the laws of the Northern Territory govern these Terms and Conditions and you submit to the jurisdiction of the courts of the Northern Territory; and

(d) TOTE Tas, the laws of Tasmania govern these Terms and Conditions and you submit to the jurisdiction of the courts of Tasmania.

13.2 You agree not to seek to stay or terminate any proceedings brought in the relevant jurisdiction set out in section 13.1 of this Part D on the grounds that the forum is not convenient or is less appropriate than some other forum.


14 Assignment

14.1 We may assign our rights and obligations under the Terms and Conditions to a Related Body Corporate and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us.

 

 

Part E. NT TAB

 

1 Introduction

1.1 NT TAB is licensed by the Northern Territory Government in the Commonwealth of Australia as a sports bookmaker to accept bets by internet.

1.2 The Terms and Conditions in this Part E contain terms and conditions that are specific to your NT TAB Product Account and the NT TAB Products and services (excluding Products and services supplied by NT TAB pursuant to Part D, the supply of which is governed by Part D of the Terms and Conditions). The terms and conditions in this Part E should be read in conjunction with Parts A, B and D which form part of the terms and conditions that are specific to your NT TAB Product Account.

1.3 The laws governing our conduct of bookmaking are contained in the Legislation.

1.4 When you make an offer to us to place bets, if we accept that offer we are accepting the offer you have made to us in the Northern Territory. You are deemed to receive notification of that acceptance in the Northern Territory and an agreement between you and us is formed in the Northern Territory.

1.5 In this Part E, “us”, “we” and “our” means NT TAB.

 

2 Account Use

2.1 You may use your Product Account to place bets with us using the internet by various methods made available by us from time to time, including by visiting tattsbet.com.

 

3 Rules

3.1 In all instances the use of your Product Account and all bets made by you are governed by:

(a) the Rules;

(b) the Racing and Betting Act (NT); and

(c) the Racing and Betting Regulations (NT).

3.2 Links to the Rules are accessible on the Website.

 

4 Credit

4.1 Credit is generally not available and all bets must be covered by cleared funds when made.

4.2 Despite section 4.1, we will entertain applications for credit from licensed bookmakers and high net worth individuals who should apply in the first instance by contacting us in accordance with section 17.5.4 of Part B. We are not obliged to accept any application from you.

 

5 Limits on bets

5.1 We and you may place limits from time to time on bets that can be purchased by you over a particular period of time (e.g. a limitation on the bets that can be made per day, per week or per month). The limits are shown on the Self Manage page of the Your Accounts section on the Website.

5.2 Where we impose limits on bets that can be purchased by you, we will notify you of this limitation as soon as possible. If you believe that the change is detrimental to you, you may close your Product Account without any fees or charges.

 

6 Pre-commitment

6.1 You may set a Nominated Pre-commitment Limit (e.g. a limitation on the bets that can be purchased per day, per week or per month).

6.2 If you request to set a Nominated Pre-commitment Limit, the nominated limit will be imposed on your Product Account with immediate effect.

6.3 You agree that you will not attempt to exceed any Nominated Pre-commitment Limit on your Product Account.

6.4 Your Nominated Pre-commitment Limit will be reset:

(a) daily (for a daily Nominated Pre-commitment Limit);

(b) every Saturday (for a weekly Nominated Pre-commitment Limit); or

(c) on the first day of each month (for a monthly Nominated Pre-commitment Limit).

6.5 We are not liable to you in any form for your inability to make any bets using your Product Account that would exceed your Nominated Pre-commitment Limit.

6.6 A Nominated Pre-commitment Limit will remain in place until you give us notice that you wish to revoke or change your Nominated Pre-commitment Limit. If you give us such a notice and we accept your notice (acting reasonably):

(a) a request to revoke or increase your Nominated Pre-commitment Limit will only take effect 7 days after we receive the notice; and

(b) a request to decrease your Nominated Pre-commitment Limit will take effect as soon as practicable after receipt by us of the notice.

 

7 Self-Exclusion

7.1 You may self-exclude from purchasing Products via this Website which will result in you being prevented from being able to use your username, password and NT TAB Product Account. The process for self-exclusion is shown on the Self Manage page in the Your Accounts section on the Website.

 

8 Intellectual Property

8.1 Intellectual property does or may subsist in or relate to the content in this Website, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property in all of the content in this Website and by accessing and using this Website, you acknowledge such ownership and/or licence.

8.2 No data, file, graphics, images, results or other content in this Website, including content downloaded from this Website and material you may receive in connection with this Website, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.

 

9 Jurisdiction

9.1 The laws of the Northern Territory govern these Terms and Conditions and you submit to the jurisdiction of the courts of the Northern Territory.

9.2 You agree not to seek to stay or terminate any proceedings brought in the Northern Territory on the grounds that the forum is not convenient or is less appropriate than some other forum.

 

10 Assignment

10.1 We may assign our rights and obligations under the Terms and Conditions to a Related Body Corporate and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us.

 

 

Part F. Golden Casket

 

1 Introduction

1.1 We are a company incorporated in the State of Queensland, Australia. We operate the goldencasket.com website as the holder of a lottery operator licence under the Legislation.

1.2 The Terms and Conditions in this Part F contain terms and conditions that are specific to your Golden Casket Product Account and the Golden Casket Products and services. The terms and conditions in this Part F should be read in conjunction with Parts A and B which form part of the terms and conditions that are specific to your Golden Casket Product Account.

1.3 The laws governing the operations of lotteries conducted by Golden Casket are contained in the Legislation.

1.4 When you make an offer to us to purchase entries, if we accept that offer we are accepting the offer you have made to us in Queensland. You are deemed to receive notification of that acceptance in Queensland and an agreement between you and us is formed in Queensland.

1.5 In this Part F, “us”, “we” and “our” means Golden Casket.

 

2 Account Use

2.1 You may use your Product Account with us to purchase the Golden Casket Products using the internet by various methods made available by us from time to time, including by visiting goldencasket.com.

 

3 Rules

3.1 The rules governing each lottery in which you may be able to purchase entries through this Website are contained in the following Rules:

(a) Monday and Wednesday Gold Lotto Rules (Schedule 1 of the Rules);

(b) Saturday Gold Lotto Rules (Schedule 2 of the Rules);

(c) Powerball Rules (Schedule 3 of the Rules);

(d) Pools Rules (Schedule 4 of the Rules);

(e) Super 66 Rules (Schedule 5 of the Rules);

(f) Oz Lotto Rules (Schedule 6 of the Rules); and

(g) Casket Rules (Schedule 8 of the Rules).

3.2 Links to the Rules are accessible via the Games section of this Website.

 

4 Winners Circle Card

4.1 By establishing a Product Account with us, you will automatically be registered in our Winners Circle program.

4.2 The Winners Circle membership terms are provided at the end of these Terms and Conditions.

 

5 Purchasing entries in lotteries

5.1 The manner in which you may offer to purchase entries is explained in the Games section and the How to Play pages on this Website.

5.2 When you click on the Purchase button on the Website you are:

(a) offering to purchase the entry selected by you; and

(b) authorising the debiting of your Accounts with the cost of the entry.

5.3 On receipt by us of your offer to purchase, our lottery system will attempt to give effect to your offer and if accepted we will issue a ticket number which will appear on your screen and we will provide that ticket number and other details relating to your entry to you by email.

5.4 If you do not receive a ticket number in respect of your offer to purchase an entry you must contact us immediately.

5.5 Copies of the details of the entry can only be used as evidence of an entry if the details match the full details recorded in our lottery system.

5.6 Offers from you to purchase must be received by our lottery system prior to the deadline for the submission of offers for each draw of each lottery.

5.7 The deadlines for submission of offers are shown in the Games section and the How to Play pages on the Website.

5.8 Subject to section 5.9 of this Part F, if you wish to cancel an entry you have purchased you must do so prior to the close of entries for the drawing to which your purchase relates, however your request to cancel will only be effective if we have been able to cancel the entry through our lottery system.

5.9 Any request by you to cancel an entry is subject to any relevant restrictions in the Legislation and is also subject to our agreeing at our discretion to cancellation of the purchase.

5.10 All prizes:

(a) are subject to verification procedures prior to payment being made; and

(b) will be credited to your Account within the relevant timeframes stipulated in the Rules.

 

6 Limits on the amount of lottery purchases

6.1 We or you may place limits from time to time on:

(a) purchases of Golden Casket Products that can be made by you over a particular period of time (e.g. a limitation on the amount that can be spent per week); and

(b) the maximum permissible balance for your Product Account.

The limits are shown on the Self Manage page in the Your Accounts section on the Website.

6.2 Where we impose a limit on your purchases of Golden Casket Products or on the balance of your Product Account, we will notify you of this limitation as soon as possible. If you believe that the change is detrimental to you, you may close your Product Account without any fees or charges.

6.3 If you are or become an Unrestricted Member and the balance of your Product Account exceeds the maximum permissible balance for your Product Account we will transfer the excess amount to your Corporate Account.

 

7 Inactive Product Account

7.1 If you have not accessed your Product Account for a period of twelve (12) months we may suspend your Product Account.

7.2 If your Product Account remains Inactive for a period of twenty-four (24) months, we may close your Product Account and terminate your access to the Website.

 

8 Restricted Member Account closure

8.1 If you do not become an Unrestricted Member within ninety (90) days of being registered as a Restricted Member:

(a) we will close your Product Account; and

(b) any funds standing to the credit of your Product Account will be dealt with in accordance with the Legislation.

8.2 If your Product Account is terminated or closed in accordance with the Terms and Conditions and you are a Restricted Member your Product Account:

(a) will be suspended until the date 90 days after the day you were registered as a Restricted Member; then

(b) will be closed and the balance of funds standing to the credit of your Product Account will be dealt with in accordance with the Legislation.

 

9 Self-Exclusion

9.1 You may self-exclude from purchasing Products via this Website which will result in you being prevented from being able to use your username, password and Golden Casket Product Account for a period of 180 days. The process for self-exclusion is shown on the Self Manage page in the Your Accounts section on the Website.

9.2 You will only be permitted to access your Product Account again after the 180 day period has elapsed.

 

10 Jurisdiction

10.1 The laws of Queensland govern these Terms and Conditions and you submit to the jurisdiction of the courts of Queensland.

10.2 You agree not to seek to stay or terminate any proceedings brought in Queensland on the grounds that the forum is not convenient or is less appropriate than some other forum.

 

11 Intellectual Property

11.1 Intellectual property does or may subsist in or relate to the content in this Website, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property in all of the content in this Website and by accessing and using this Website, you acknowledge such ownership and/or licence.

11.2 No data, file, graphics, images, results or other content in this Website, including content downloaded from this Website and material you may receive in connection with this Website, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.

 

12 Assignment

12.1 We may assign our rights and obligations under the Terms and Conditions to a Related Body Corporate and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us.

 

 

Winners Circle Membership Terms

 

Part A - About these terms


1

These terms: These are the terms applicable to Winners Circle membership. They are important and should be read carefully by you. This version of the membership terms is applicable from 22 April, 2013.

These terms are broken into the following parts:

  • Part A: which is this introductory part.
  • Part B: This part contains definitions of some of the expressions you will find used in these terms.
  • Part C: This part contains a range of important terms in relation to Winners Circle membership including, amongst other things, terms dealing with card ownership, fees, keeping your contact details up to date, prize payments, safeguarding Receipts and other issues.
  • Part D: This part contains that part of the terms which relates to the weekly bonus draw promotions which are a benefit of Winners Circle membership.
  • Part E: Intentionally not used.
  • Part F: This part contains that part of the terms which relates to your Golden Casket Product Account, which is an online service which allows Winners Circle members who register for it to enter lotteries online.
  • Part G: This part contains a number of miscellaneous terms which are applicable to Winners Circle membership.
2 Your agreement: You agree to the Winners Circle Membership Terms either expressly (e.g. when you expressly accept them as part of the registration process) or implicitly (e.g. when you make use of your Winners Circle card to enter a lottery or otherwise make use of the benefits or services available to Winners Circle members).
3 Which Parts of these Membership Terms Apply to You: If you are a member of the Winners Circle program, then Parts A to D and G apply to you. Part F applies to you if you have a Golden Casket Product Account. Except as indicated, terms applicable to the Winners Circle program also apply to your Golden Casket Product Account (is applicable to you).
4 Adding features to your membership: By having a Golden Casket Product Account, you are automatically registered as a member of the Winners Circle Program. To activate your Winners Circle Card, you will need to pay the activation fee set by us.  This fee is non-refundable. Details regarding the activation and annual administration fees set by us can be found on our website (www.goldencasket.com) or at Golden Casket agents. We will notify you of any changes to fees. If you are already a member of the Winners Circle Program before you open a Golden Casket Product Account, you can link your Winners Circle card to your Golden Casket Product Account.  By linking your Winners Circle Card to your Golden Casket Product Account, you will be able to view online your transaction history for all purchases made by you at any Golden Casket agent where those purchase are registered to your Winners Circle card.
5 Existing members: If you are asked to accept these terms in respect of your existing Winners Circle membership then your acceptance acknowledges that terms you accept replace the terms applying to your existing membership to the extent that they are different. Your acceptance in that situation does not create a further contract between you and us in relation to the Winners Circle program.
6 Changes: You will see in Part G that the Winners Circle Membership Terms may change from time to time.

Part B - Definitions


7

Definitions
Unless otherwise indicated, these terms have the following meanings:

7.1 "Golden Casket agent" means an agent appointed by us pursuant to the Lotteries Legislation.
7.2  “Golden Casket Product Account” means an internet account with Golden Casket.
7.3 "Lotteries Legislation" means the Lotteries Act (Qld) 1997 and the Lotteries Rule (Qld) 2010.
7.4 "Product Account" means the Golden Casket Product Account referred to in Part F.
7.5 "Receipt" means a document, token or other thing recognised by us as evidencing a right of entry into a lottery operated by us.
7.6 "Winners Circle Membership Terms" mean the Winners Circle Membership Terms as they stand from time to time.
7.7 "We", "us" and "our" means Golden Casket Lottery Corporation Limited (ABN 27 078 785 449) of 87 Ipswich Road, Woolloongabba, Brisbane in the State of Queensland, Australia.
7.8 "You" and "your" means you, the Winners Circle member.

Part C - The issue of a Winners Circle card, contact details, checking Receipts, payment of prizes, lost or stolen Receipts


8 Card our property: The Winners Circle card is and will remain our property and must be returned on demand. It is not a payment card.
9 Age requirement: If you are an individual, you must be at least 18 years old to have a Winners Circle card.
10 Intentionally Not Used:
11 Use of a syndicate name: For your convenience, you can provide a "syndicate name" in addition to the name of the registered player/s for the Winners Circle card. However, our agreement is with the registered player/s only. We are not bound by any rule or agreement made between syndicate group entrants, whether or not a "syndicate name" is provided on a Winners Circle card.
12 Fees: To have (and continue to have) a Winners Circle card and be (and continue to be) a Winners Circle member, including for eligibility for the Weekly Bonus Draws, you must, when requested by us or a Golden Casket agent, pay the activation fee and the annual administration fee as set by us. These fees are non-refundable.  Details regarding the activation and annual administration fees set by us can be found on our website (www.goldencasket.com) or at Golden Casket agents.  We will notify you of any changes to the fees.
13 Information about you:
13.1 Information to be complete and accurate: You must ensure that all information you provide us in relation to your Winners Circle membership (including the details of your Golden Casket Product Account which you may link to your Winners Circle card) is complete and accurate and not misleading, or likely to mislead, in any way.
13.2 You are to keep contact details etc up to date: You are to keep contact details etc up to date: It is your responsibility to ensure that the contact details you provide to us (e.g. name, mail address, e-mail address and telephone number) and any bank account details you provide to us remain current. You should notify us of any change by calling our contact centre on 131 868 or, where available, using the update facilities provided at www.goldencasket.com. In order to effect some changes, you may be required to complete a change of details form made available by us. You acknowledge that we rely on the details you provide to us to, amongst other things, process your prize payments and to call you if you win a Division 1 prize.
14 Numbers and/or entry details recorded on Receipts: It is your responsibility to check that any numbers stored to your Winners Circle card have been correctly entered and to check that numbers and/or entry details recorded on Receipts are correct at the time of issue.
15 Payment of prizes registered to a Winners Circle card
15.1 Prize payments for Lotto Direct dealt with separately: Please note that Clause 15 does not apply to prize payments where the entry has been purchased through a Golden Casket Product Account.
15.2

Payment methods: A prize registered to a Winners Circle card (other than a Division 1 prize) that is not claimed by you or any other person within 4 weeks of the relevant draw date will be paid, at our election, in any one of the following ways:

(a)    by crediting the then recorded Golden Casket Product Account which you have linked to your Winners Circle Card (but only if you are an unrestricted member, that is, only if your identity, age and place of residence have been verified in accordance with our identification procedures) ;

(b)   by remittance in Australian dollars through a bank nominated by you with an Australian branch of a bank carrying on a business in Australia;

(c)    by cheque in the name of the registered Winners Circle member (or, if there are two registered players, in both their names jointly). The cheque will be forwarded by ordinary post to the address registered to the Winners Circle card.

It is therefore important that you keep your contact details up to date (see clause 13). You should also safeguard your Receipt to avoid some other person using it to claim the prize if it is a prize winning Receipt (see clause 16).
15.3 Payment where 2 registered players: If there are two registered Winners Circle members for a prize winning Receipt those members hereby direct us to pay their prize to either one of them or to both of them whichever we may choose to do.
15.4 Phone call to Division 1 winners: We will check to see whether a Division 1 prize has been won by a registered Winners Circle member. If it has been, we will call the phone number registered to the Winners Circle card by the end of the next business day and may make other attempts to contact the registered player/s to let the registered player/s know they have won. It is therefore important for you to ensure your contact details remain complete and accurate (see clause 13).
15.5 Payment of Division 1 prizes: Division 1 prizes will be paid, at our election, either by electronic funds transfer into an account with an Australian branch of a bank carrying on business in Australia, or by cheque in person at our offices, or, if we agree to a request by the registered Winners Circle member/s, by cheque forwarded by registered or express post to the address registered to the Winners Circle card (we may or may not agree to such a request at our discretion).
15.6 Proof of ownership / identity: Before we pay any prize we may, at our discretion, require a Statutory Declaration of ownership of the prize winning Receipt and/or proof of identity of the registered Winners Circle member/s to our satisfaction and/or production of the prize winning Receipt and/or production of the relevant Winners Circle card.
15.7 Disputed prize: If there is a dispute between competing claimants for a prize, we may choose, in our absolute discretion, to pay the prize money into court.
16 Lost and stolen Receipts - Prizes can only be claimed by the bearer if they have the relevant Winners Circle card
16.1 Prize payments for Golden Casket Product Account dealt with separately: Please note that clause 16 does not apply to prize payments where the entry has been purchased using a Golden Casket Product Account.
16.2 Receipts: It is important that you safeguard your Receipt. Any prize payment we make to a person surrendering a winning Receipt and relevant Winners Circle card (i.e. the same Winners Circle card as was used to register the entry) will (subject to any legal right you may have against us which cannot be excluded) discharge any liability we have in respect of that winning Receipt.
16.3 Lost or stolen Receipts: We are not responsible for lost or stolen Receipts and under no circumstances can a person to whom a winning Receipt is registered claim a prize already paid by us to a person who previously presented the winning Receipt to claim the prize. If your Receipt is lost or stolen you should tell us immediately by calling our contact centre on 131 868. If you tell us in adequate time and before the prize is claimed, we may be able to stop payment of the prize.
17 Payments made to you by mistake: Notwithstanding anything else in these terms, if a prize is registered to your Winners Circle card by mistake (e.g. if you are not the true owner of the Receipt but the Receipt has been mistakenly registered to your Card) and we pay you the prize, you are to reimburse us upon demand.  Where it has come to our attention that we have paid you a prize in error, we will notify you as soon as possible.

Part D - Weekly bonus draw promotions


18

Definitions:
Unless otherwise indicated, these terms when used in this Part D have the following meanings:

18.1 "Applicable Game" means a Saturday Gold Lotto, Monday and Wednesday Gold Lotto, Powerball, Oz Lotto, Pools or Super 66 game.
18.2 "Promotional Period" means the promotional period approved from time to time by OLGR.
18.3 "Purchase" means the purchase of a single Receipt in an Applicable Game. It does not include the purchase of an entry in an Applicable Game purchased through a mail order business (excluding our mail sales service).
18.4 "OLGR" means the Office of Liquor, Gaming & Racing.
18.5 "Weekly Draw Period" means the period of one week between 00.01hrs Monday and 23.59hrs Sunday, during the Promotional Period.
19 Lotteries Rule, Schedule 9: We conduct the weekly bonus draw promotions in accordance with the Lotteries Rule (Qld) 2010, Schedule 9.
20 Prize Value: The total prize value for each week is $20,000 which comprises 4 prizes of $5,000 each or such greater amount determined by us from time to time at our discretion as approved by OLGR. In the event that we change the amount of the weekly bonus draw for a particular period, we may advertise such on our website (www.goldencasket.com), in Golden Casket agencies or by any other means determined by us at our discretion.
21 Entry
21.1 Entry mechanism: We automatically enter you into a weekly bonus draw each time you register a Purchase to your Winners Circle card during the Promotional Period.
21.2

Number of entries: The number of entries you will receive and the weekly bonus draw in which you will be entered, is as follows.

  1. For a Purchase which is not a multiweek entry, you will receive one entry in a weekly bonus draw for each $1.00 (or part thereof) of the value of the Purchase. You will be entered into the weekly bonus draw for the Weekly Draw Period in which the Purchased entry is drawn.
  2. For a Purchase which is a multiweek entry, the value of the entry will be divided by the number of weeks for which it is valid to arrive at a "value for each week". You will then receive one entry in each weekly bonus draw relating to that period for each $1.00 (or part thereof) of the "value for each week", as if each "value for each week" is a separate Purchase under clause 21.2(a).
21.3 Cancelled entries: If you cancel your Purchase, we may cancel your entry in the weekly bonus draw for that Purchase.
21.4 Special bonus entries: We may, as advertised from time to time, provide special bonus entries for certain Applicable Games, subject to OLGR approval.
22 Draw and payment of prize
22.1 When draws occur: A weekly bonus draw will be conducted by us once for each Weekly Draw Period after the Weekly Draw Period.
22.2 The draw: A weekly bonus draw will consist of the random selection of 4 valid entries from all entries generated for that weekly bonus draw in accordance with clauses 21.1 to 21.4.
22.3 Announcement of winner's initials & suburb: We may announce and publish the initials and suburb or town of the winning registered player/s for each weekly bonus draw.
22.4 Contact: We will contact the winning registered player/s for each weekly bonus draw by phone and/or mail and/or email using the current contact details for the winning registered player/s in the Golden Casket Winners Circle players register.
22.5 Payment: The prize for the weekly bonus draw will be payable by cheque (or electronic funds transfer if agreed with the winning registered player) to the name/s of the winning registered player/s at the address listed for the registered player/s in the Golden Casket Winners Circle players register.
23 Delay/Modification: Notwithstanding anything else in these terms, and subject to obtaining the approval of OLGR, we reserve the right to delay or modify the weekly bonus draw promotions, including the promotional draws or provision of prizes, if for any reason any aspect of these promotions is not capable of running as planned.

Part E - Intentionally not used


24 Intentionally not used
25 Intentionally not used

Part F - Golden Casket Product Account


26 If you have a Golden Casket Product Account, refer to Part F (Golden Casket) of the Terms and Conditions of your Golden Casket Product Account for terms and conditions that are specific to your Golden Casket Product Account and the Golden Casket Products and services.

Part G - Miscellaneous


27 Legislation: These terms are subject to the Lotteries Legislation. In the event of any conflict between these terms and the Lotteries Legislation, the Lotteries Legislation will prevail to the extent necessary to resolve the conflict. Nothing in these terms affects any rights you may have and which by law cannot be excluded, including under the Australian Competition Law (Schedule 2 of the Competition and Consumer Act (Cth) 2010).  Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
28
Availability of online services: The accessibility and operation of our internet services, including www.goldencasket.com, rely on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of these services. Further, we may in our discretion close or limit access to the online services from time-to-time (e.g. access to your Golden Casket Product Account (if applicable to you) may not be available for periods of scheduled downtime each day or at all on Christmas Day or Good Friday). Also, the service may be terminated in accordance with clause 40.
29
Limitation of our liability to you: Winners Circle membership is at your own risk and, to the extent permitted by law, you relieve us of any liability to you (whether in contract, tort or otherwise whatsoever) for any loss or damage suffered by you as a result of your membership or as a result of your use or attempted use or reliance on any information, service or facility (e.g. access to www.goldencasket.com) provided to you as a Winners Circle member, save to the extent that such liability arises directly from our negligence or wilful misconduct or that of any of our officers, employees or agents.
30 Changes: 
30.1

How we can change these terms: We may change these terms by getting your consent or complying with this clause 30.  The steps we must take depend on the type of variation. If you are not satisfied with a change to the terms, you may terminate your membership without any fees or charges by calling the contact centre on 131 868.

30.2

Changes of no detriment to you: If we reasonably consider that any change to these terms is likely to benefit you, or be of no or immaterial detriment to you, we can make the change immediately and do not need to notify you.

30.3

Other changes: We will notify you of all other changes to these terms by our choice of at least one of the following:

  1. the next time you access your Winners Circle membership or Golden Casket Product Account (if applicable to you) using our website (www.goldencasket.com), starting at least 30 days prior to the change occurring (you may not see that notice until later, or even after the change has occurred, depending on how frequently you access your Winners Circle membership or Golden Casket Product Account (if applicable to you) using our website); 
  2. by mail to an address provided to us by you, sent by us at least 30 days prior to the change occurring; or
  3. by email to the email address provided to us by you, sent by us at least 30 days prior to the change occurring.
30.4
Commencement of change: The notification in clause 30.3 will specify the date of commencement of the change to these terms.
31

Notices: Where we are required or permitted to give you information (e.g. a notice) under these terms, we may do so in any way, including by:

  1. giving you the information in person (whether it be provided by us or our agents); or
  2. giving you the information by telephone, facsimile, mail or email using the contact details you give to us; or
  3. making the information available on our website (www.goldencasket.com); or
  4. by notice displayed in Golden Casket agencies.
Where we give you information in person or by telephone, it is taken to be received by you at the time we give it. Where we give you information by facsimile, it is taken to be received by you at the time shown on the transmission confirmation report produced by the fax machine from which it was sent. Where we give you information by mail, it is taken to be received by you on the day after posting. Where we give you information by email, it is taken to be received by you when the email is sent, regardless of any response to the email. Where we make information available on our website, it is taken to be received by you at the time the information is made available on the website.
32
Electronic communications: Where the Lotteries Legislation requires or permits us to give information to you, you consent to that information being given by an electronic communication. Words used in this clause have the meaning given to them, where defined in the Electronic Transactions Act (Qld) 2001.
33
Privacy:
33.1
Why we collect personal information: We collect information about you from your application for registration and from your transactions and use of our website (www.goldencasket.com).  This information may include your name, contact details, date of birth, identification details and details relating to your transactions and use of our website (www.goldencasket.com).  We collect this information for the purpose of assessing and processing applications for registration and for the administration of your Winners Circle membership, and for carrying out marketing, planning, product development, administration of our website (www.goldencasket.com) and research.  If you do not provide all the information requested in the application for registration, except for those fields marked ‘optional’, we cannot process your application.
33.2
Direct marketing: By participating in the Winners Circle program, you consent to us contacting you by any communication means (for example, email, SMS, letter, social media) for an indefinite period of time to provide you with information about upcoming events, promotions, new products and services or other similar opportunities. Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out. If you do not wish to receive these communications, you can opt-out of any or all of them at any time by updating your communication preferences online or by calling the contact centre on 131 868.
33.3
Privacy policy: Our privacy policy provides particulars as to how we deal with your personal information. Our privacy policy can be viewed on our website, at www.goldencasket.com or you can contact us and ask for a copy. You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.
34
Disclosure of information: You consent to us disclosing such information about you to other companies in the Tatts Group, our contractors and Golden Casket agents as may be reasonably necessary to facilitate your participation in the Winners Circle program. We will not disclose information about your Designated Bank Account to Golden Casket agents.
35
Assignment by member: Membership is personal to you and cannot be assigned (transferred) to some other person without our prior written consent.
36
Assignment by Golden Casket: We may assign our rights and obligations under these terms to any person and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may terminate your membership without any fees or charges by calling the contact centre on 131 868.
37
Right to participate in a lottery: Your right to make use of your Winners Circle membership to participate in a lottery (e.g. the use of your Winners Circle card to purchase an entry) is conditional upon your compliance with these Winners Circle Membership Terms.
38
The death of a member: The death of a member automatically terminates the member's membership and it cannot, for example, be effectively left by Will to some other person.
39
Breach by you: If you have committed a material breach of any of these terms including, for example, if we become aware or reasonably believe that your membership may have been used to facilitate or is connected with unlawful, suspicious or fraudulent transactions or has been misused or been subject to unauthorised use, we may, without limitation to such other rights and remedies as we may have, terminate your membership and, unless we notify you to the contrary, any transactions resulting in a material breach of any of these terms will be void. If a prize has already been paid to you (e.g. credited to your Golden Casket Product Account) we may require you to repay the prize to us or, where permitted by Lotteries Legislation, deduct the prize from any relevant accounts with us.
40 Termination: We may terminate the Winners Circle program or any part of it or any membership or access to the program or any part of it at any time for any reason we see fit by giving you notice in accordance with clause 31 above.  Where we withdraw the Winners Circle program or any part of it in accordance with this clause 40, no fees or charges will be payable by you and you will be entitled to claim a pro rata refund of the administration fee for any remaining period of membership after the date of termination.  You may terminate your membership in the Winners Circle program or any part of it at any time by calling the contact centre on 131 868.
41
Governing law and jurisdiction: The laws of Queensland govern these terms. Each of us submits to the jurisdiction of the courts of the State of Queensland.
42
Website Use: The terms and conditions regarding the use of our website, currently located at www.goldencasket.com, are applicable to Winners Circle members as if, for all intents and purposes, they were reproduced in these Winners Circle Membership Terms. To the extent of any inconsistency, these Winners Circle terms will prevail over the website terms. 
43
Exercising rights: We can exercise our rights at any time within the limits of the law. If we delay in exercising our rights, this does not mean we give up those rights. 
44
Cross references: There are clauses in these terms which cross-reference to information on our website. That cross-reference is not intended to make the cross-referenced information a part of these terms and conditions. 
45

Interpretation: In these terms:

  1. headings are for convenience only and do not affect interpretation;
  2. "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
  3. a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
  4. if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  5. "includes" in any form is not a word of limitation;
  6. a reference to “application for registration” or “application” means your application described in section 5 of Part B of the Terms and Conditions; and
  7. a reference to "$" or "dollar" is to Australian currency.

 

Part G. NSW Lotteries

 

1 Introduction

1.1 We are a company incorporated in the State of New South Wales, Australia. We operate the nswlotteries.com.au website as the holder of an operator licence under the Legislation.

1.2 The Terms and Conditions in this Part G contain terms and conditions that are specific to your NSW Lotteries’ Product Account and the NSW Lotteries Products and services. The terms and conditions in this Part G should be read in conjunction with Parts A and B which form part of the terms and conditions that are specific to your NSW Lotteries’ Product Account.

1.3 The laws governing the operations of public lotteries conducted by NSW Lotteries are contained in the Legislation.

1.4 When you make an offer to us to purchase entries, if we accept that offer we are accepting the offer you have made to us in New South Wales. You are deemed to receive notification of that acceptance in New South Wales and an agreement between you and us is formed in New South Wales.

1.5 In this Part G, “us”, “we” and “our” means NSW Lotteries.

 

2 Account Use

2.1 You may use your Product Account with us to purchase NSW Lotteries Products using the internet by various methods made available by us from time to time, including by visiting nswlotteries.com.au.

 

3 Rules

3.1 The rules governing each lottery in which you may be able to purchase entries through this Website are contained in the following Rules:

(a) Lotto Rules (Monday, Wednesday and Saturday Lotto);

(b) Powerball Rules;

(c) Oz Lotto Rules;

(d) Pools Rules;

(e) Lotto Strike Rules; and

(f) Lucky Lotteries Rules.

3.2 Links to the Rules are accessible via the Games section of this Website.

 

4 Players Club Card

4.1 By establishing a Product Account with us, you will automatically be registered in our Players Club Card program.

4.2 The Players Club membership terms are provided at the end of these Terms and Conditions.

 

5 Purchasing entries in lotteries

5.1 The manner in which you may offer to purchase entries is explained in the Games section and the How to Play pages on this Website and you are approved by us to complete the entry other than by hand.

5.2 When you click on the Purchase button on the Website you are:

(a) offering to purchase the entry selected by you; and

(b) authorising the debiting of your Accounts with the cost of the entry.

5.3 On receipt by us of your offer to purchase, our lottery system will attempt to give effect to your offer and if accepted we will issue a ticket number which will appear on your screen and we will provide that ticket number and other details relating to your entry (as set out in the Rules) to you by email.

5.4 If you do not receive a ticket number in respect of your offer to purchase an entry you must contact us immediately.

5.5 Copies of the details of the entry can only be used as evidence of an entry if the details match the full details recorded in our lottery system.

5.6 Offers from you to purchase must be received by our lottery system prior to the deadline for the submission of offers for each draw of each lottery.

5.7 The deadlines for submission of offers are shown in the Games section and the How to Play pages on the Website.

5.8 If you wish to cancel an entry you have purchased you must do so prior to the close of entries for the drawing to which your purchase relates, however your request to cancel will only be effective if we have been able to cancel the entry through our lottery system.

5.9 All prizes:

(a) are subject to verification procedures prior to payment being made; and

(b) will be credited to your Account within the relevant timeframes stipulated in the Rules.

 

6 Limits on the amount of lottery purchases

6.1 We or you may place limits from time to time on purchases of NSW Lotteries Products that can be made by you over a particular period of time (e.g. a limitation on the amount that can be spent per week). The limits are shown on the Self Manage page in the Your Accounts section on the Website.

6.2 Where we impose limits on purchases that can be made by you, we will notify you of this limitation as soon as possible. If you believe that the change is detrimental to you, you may close your Product Account without any fees or charges.

 

7 Inactive Product Account

7.1 If you have not accessed your Product Account for a period of twelve (12) months we may suspend your Product Account.

7.2 If your Product Account remains Inactive for a period of twenty-four (24) months, we may close your Product Account and terminate your access to the Website.

 


8 Restricted Member Account closure

8.1 If you do not become an Unrestricted Member within ninety (90) days of being registered as a Restricted Member:

(a) we will close your Product Account; and

(b) any funds standing to the credit of your Product Account will continue be held on trust for you in one or more of Tatts Group’s general accounts (refer to sections 6.4 and 6.5 of Part B).

8.2 Funds will be dealt with in accordance with the Terms and Conditions until:

(a) you become an Unrestricted Member ( i.e. until your identity, age and place of residence have been verified in accordance with our identification procedures) at which time funds may be claimed by you; or

(b) the funds are required to be dealt with in accordance with any law relating to unclaimed money. 

 


9 Self-Exclusion

9.1 You may self-exclude from purchasing Products via this Website which will result in you being prevented from being able to use your username, password and NSW Lotteries’ Product Account for a period of 180 days. The process for self-exclusion is shown on the Self Manage page in the Your Accounts section on the Website.

9.2 You will only be permitted to access your Product Account again after the 180 day period has elapsed.

 

10 Jurisdiction

10.1 The laws of New South Wales govern these Terms and Conditions and you submit to the jurisdiction of the courts of New South Wales.

10.2 You agree not to seek to stay or terminate any proceedings brought in New South Wales on the grounds that the forum is not convenient or is less appropriate than some other forum.

 

11 Intellectual Property

11.1 Intellectual property does or may subsist in or relate to the content in this Website, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property in all of the content in this Website and by accessing and using this Website, you acknowledge such ownership and/or licence.

11.2 No data, file, graphics, images, results or other content in this Website, including content downloaded from this Website and material you may receive in connection with this Website, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.

 

12 Assignment

12.1 We may assign our rights and obligations under the Terms and Conditions to a Related Body Corporate and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us.

 

 

Players Club Membership Terms

1. These are the Membership Terms applicable to Players Club membership. They are important and should be read carefully by you.

By having a NSW Lotteries Product Account, you are automatically registered as a member of the Players Card program.  If you have been automatically registered as a member of the Players Card program you will only be issued a Players Card if you elect to receive a Players Card.  To activate your Players Card, you will need to pay the activation fee set by us,  This fee is non-refundable.  Details regarding the activation and annual administration fees set by us can be found at NSW Lotteries Outlets and at nswlotteries.com.au.  We will notify you of any changes to the fees.  If you are already a member of the Players Card program before you open a NSW Lotteries Product Account, you can link your Players Card to your NSW Lotteries Product Account.  By linking your Players Card to your NSW Lotteries Product Account, you will be able to view online your transaction history for all purchases made by you at any NSW Lotteries Outlet where those purchases are registered to your Players Card.

2. You agree to the Players Club Membership Terms either expressly (e.g. when you expressly accept them as part of the registration process) or implicitly (e.g. when you make use of your Players Club Card to enter a lottery or otherwise make use of the benefits or services available to Players Club members).


3. If you are asked to accept these Membership Terms in respect of your existing Players Club membership then your acceptance acknowledges that the Membership Terms replace those which applied to your existing membership, to the extent that they are different.


4. Players Club membership is only available to persons 18 years of age or older.


5. Your right to make use of your Players Club membership to participate in a lottery (e.g. the use of your Players Club Card to purchase an entry) is conditional upon your compliance with these Membership Terms.


6. To use (and continue to use) a Players Club Card and to participate (and continue to participate) as a member, you must, when requested by us or a NSW Lotteries Outlet, pay the activation fee and the annual administration fee as set by us. These fees are non-refundable.  Details regarding the activation and annual administration fees set by us can be found at nswlotteries.com.au.  We will notify you of any change to the fees.


7. Prizes registered to a Players Club Card can only be claimed if you present the relevant Players Club Card (i.e. the same Players Club Card as was used to register the entry). We may additionally request either a statutory declaration of ownership or the original entry ticket be produced prior to the payment of any prize registered on a Players Club Card.


8. A prize registered on your Players Club Card (other than a Division 1 prize) and not claimed within 8 weeks of the relevant draw date will be paid at our election, in any one of the following ways;

(a) by crediting the then recorded NSW Lotteries Product Account which you have linked to your Players Card (but only if you are an unrestricted member, that is, only if your identity, age and place of residence have been verified in accordance with our identification procedures);

(b) by remittance in Australian dollars through a bank account nominated by your with an Australian branch of a bank carrying on business in Australia;

(c) by cheque or by free prize certificates to you and forwarded by ordinary post to the address recorded for you on our lottery system file.

Prizes in respect of multi-week entries will be paid approximately eight weeks after the draw date of the last entry recorded on that lottery ticket.


9. If a Division 1 prize is registered to your Players Club Card, we will attempt to contact you by email or telephone by the end of the next business day after the draw date, on the email address or telephone number registered to the Players Club Card.


10. Division 1 prizes will be paid, at our election, either by electronic funds transfer into an account with an Australian branch of a bank carrying on business in Australia, [or by cheque in person at our offices], or, if we agree (at our absolute discretion) to a request by you, by cheque forwarded by registered or express post to the address then registered to the Players Card.


11. Prizes exceeding $1,000 (and up to $10,000) registered to your Players Club Card will be paid, at our election, in any one of the following ways;

(a) by crediting the then recorded NSW Lotteries Product Account which you have linked to your Players Card (but only if you are an unrestricted member, that is, only if your identity, age and place of residence have been verified in accordance with our identification procedures);

(b) by remittance in Australian dollars through a bank account nominated by you with an Australian branch of a bank carrying on business in Australia;

(c) by cheque to you and forwarded by ordinary post to the address recorded for you on our lottery system file, no later than 3 - 4 weeks after the relevant draw date.


12. A nominal handling fee inclusive of GST may be deducted from those prize payment cheques of $1,000 or less.  We will give you notice of the introduction or increase of any fee at least 30 days before the change. Prize cheques for which a 'stop payment' is placed at your request, or which have been cancelled, returned or re-issued as a result of your failure to keep your details current, may incur additional handling/service fees to cover any costs imposed on us by third parties, including those fees charged by the bank of issue, and may be deducted from the value of the prize.


13. Prize winning lottery tickets are bearer documents and any prize payment by us to a person surrendering a winning lottery ticket shall discharge any liability we have in respect of that winning lottery ticket, irrespective of whether the lottery ticket is registered to a particular Players Club member or not.


14. We assume no responsibility or liability for lost or stolen tickets and under no circumstances shall registration as a Players Club member entitle a person to whom a winning ticket is registered to claim a prize previously paid by us to a person surrendering a winning ticket to us or a NSW Lotteries Outlet.  If your ticket is lost or stolen you should tell us immediately.  If you tell us in adequate time and before the prize is claimed, we may be able to stop payment of the prize.


15. Notwithstanding anything else in the Membership Terms, if a prize is registered to your Players Club Card by mistake (e.g. if you are not the true owner of the ticket but the ticket has been mistakenly registered to your Players Club Card) and we pay you the prize, you are to reimburse us the amount of that prize upon demand.  Where it comes to our attention that we have paid you a prize in error, we will notify you as soon as possible.


16. It is your responsibility to ensure that the personal details (including the details of any NSW Lotteries Product Account link to your Players Card), your bank account details and address provided to us by you for recording on our lottery system file are correct, complete and accurate at all times, and not misleading or likely to mislead. You must promptly notify us of all changes. In order to effect some changes, you may be required to complete a change of details form made available by us.  You acknowledge that we rely on this information provided by you to, amongst other things, process your prize payments.  


17. The accessibility and operation of the Players Club membership program relies on internet technologies outside of our control.  We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of this service.


18. The Players Club Card remains our property. We reserve the right to withdraw the card and terminate the Players Club membership program at any time and to pay out any prize moneys which may be outstanding, in accordance with the Rules, by giving you at least 30 days’ notice.  You may continue to use your Players Club Card in accordance with the Membership Terms during the notice period. Where we withdraw your Players Club Card in accordance with this section, no fees or charges will be payable by you and you will be entitled to claim a pro rata refund of the administration fee for any remaining period of membership after the date of termination.


19. If you have committed a material breach of any of the Membership Terms, including for example, if we become aware or reasonably believe that your Players Club Card may have been used to facilitate or is connected with unlawful, suspicious or fraudulent transactions or has been misused, or been subject to unauthorised use we may, without limitation to such other rights and remedies we may have, terminate your membership.  We will notify you as soon as possible of the termination.


20. Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, we will not be liable for any errors or omissions in respect of numbers stored on our lottery system or any inability to record or retrieve numbers stored on your Players Club Card or to otherwise access our lottery system for any purpose, save to the extent that such errors, omissions or inabilities arise from our negligence or wilful misconduct or that of any of our officers, employees or agents.  It remains your responsibility to check that numbers and/or entry details recorded on lottery tickets are correct at the time of issue.


21. Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, Players Club membership is at your own risk and you relieve us of any liability to you whatsoever (whether in contract, tort or otherwise) for any loss or damage suffered by you as a result of your membership or as a result of your use or attempted use or reliance on any information, service or facility provided to you as a Players Club member, save to the extent that such loss or damage arises from our negligence or wilful misconduct (or that of any of our officers, employees or agents).


22. It is a condition of membership that you consent and authorise us to collect, use and disclose information supplied by you on your application for registration and other information which we collect in relation to you and your membership for the purposes described in the Membership Terms.  If you do not provide the required information, we cannot process your application for registration. Your personal information will be dealt with in accordance with Tatts Group’s Privacy Policy which is available for inspection at www.tattsgroup.com/legal/privacy.


23. Information about you which is provided by you on your application for registration is used by us to assess and process membership registrations and to inform you of prizes won by you. The information is also used for the purposes of carrying out marketing, planning, product development, administration and conduct of the Players Club program and research. You consent and authorise us to also disclose this information to our agents, contractors and to other companies in the Tatts Group so they can use it and disclose it to their agents and contractors, for the purposes of marketing, planning, product development, administration and conduct of the Players Club program and research.  We may also disclose this information to any person who is the bearer of a lottery ticket that is registered to your Players Club Card, for the purposes of the administration and conduct of the Players Club program. We may also disclose your Players Club Card number on the customer display screen when you choose to use your Players Club Card during a lottery transaction. It is a condition of membership that you consent to these uses and disclosures of your information by us. When submitting your membership registration, you can elect to not have your name disclosed when announcing major prize winners.  You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.


24. By becoming a Players Club member you consent to us contacting you by any communication means (for example, email, SMS, letter, social media) for an indefinite period of time to provide you with information about upcoming events, promotions, new products and services or other similar opportunities including payment of free prize tickets.  Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out.  If you do not wish to receive these communications, you can opt-out of any or all of them at any time by updating your communication preferences in ‘My Preferences’ in ‘Your Account’ or by contacting us.


25. We may vary any of the Membership Terms by getting your consent or complying with this section.  The steps we must take depend on the type of variation.  If we reasonably consider that any change to the Membership Terms is likely to benefit you or be of immaterial detriment to you, we can make the change immediately and do not need to notify you.  We will notify you of any other change to the Membership Terms either by (at our election) mail to an address provided to us by you, sent by us at least 30 days prior to the change occurring, or by email to the email address provided to us by you, sent by us at least 30 days prior to the change occurring.  The notification will specify the date of commencement of the change to the Membership Terms.  If you consider that any change to the Membership Terms is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.


26. Where we are required or permitted to give you a notice under the Membership Terms, we may do so, if the notice is about a variation of the Membership Terms, by complying with section 25, or otherwise, in any way, including by giving you the information in person (whether it be provided by us or our agents), or giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us, or making the information available at nswlotteries.com.au.


27. Where we give you notice:


- in person, it is taken to be received by you at the time we give it;
- by mail, it is taken to be received by you on the day after posting;
- by email, it is taken to be received by you when the email is sent, regardless of any response to the email; and
- by making information available on nswlotteries.com.au, it is taken to be received by you at the time the information is made available on nswlotteries.com.au


28. Where you are required or permitted to give us a notice under the Membership Terms, you may do so by giving us the notice by:


- mail addressed to Locked Bag 7, Coorparoo DC  QLD  4151; or
- email to customersupport@nswlotteries.com.au


29. Where any law requires or permits us to give information to you, you consent to that information being given by an electronic communication.


30. We shall not be bound by any rule or agreement made between group entrants.


31. We may assign our rights and obligations under the Membership Terms to other companies in the Tatts Group and we will give you notice no later than 30 days after any such assignment occurs.  Otherwise, we may assign our rights and obligations by giving you notice in accordance with section 26.  If you consider that the assignment is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.  


32. The Membership Terms are to be read in conjunction with the Rules governing our lottery games which are available for inspection at nswlotteries.com.au and at NSW Lotteries Outlets.  In the event of any conflict between the Membership Terms and the Rules, the Rules will prevail to the extent necessary to resolve the conflict.  


33. Nothing in the Membership Terms affects your rights under the Australian Consumer Law.  Our services come with guarantees that cannot be excluded under the Australian Consumer Law.


34. The laws of New South Wales govern the Membership Terms. Each of us submits to the jurisdiction of the courts of the State of New South Wales.


35. Any non-enforcement by us of any of our rights under the Membership Terms will not constitute a waiver of those rights.  Any waiver by us of any of our rights under the Membership Terms will not constitute a waiver on any subsequent occasion.


36. There are sections in the Membership Terms which cross reference or link to information on nswlotteries.com.au.  Unless the context otherwise requires, that cross reference or link is not intended to make the cross referenced or linked information a part of the Membership Terms.


37. In the Membership Terms:


- headings are for convenience only and do not affect interpretation;
- "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
- a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
- if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- "includes" in any form is not a word of limitation;
- a reference to "$" or "dollar" is to Australian currency; and
- a reference to “application” or “application for registration” means your application described in section 5 of Part B of the Terms and Conditions.


38. “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).


39. “Membership Terms” mean the Players Club membership terms contained in this document as amended from time to time.


40. "NSW Lotteries" means New South Wales Lotteries Corporation Pty Ltd (ACN 142 890 195).


41. “NSW Lotteries Outlets” means a retailer appointed by NSW Lotteries.


42. “Rules” means the rules made by NSW Lotteries for the conduct of public lotteries.


43. “Tatts Group” means Tatts Group Limited (ACN 108 686 040) and its related bodies corporate (as that term is defined in the Corporations Act).


44. "You" and "your" means you, the Players Club member.


45. “We”, “us” and “our” means NSW Lotteries.

 




Part H. Tatts.com Pty Ltd

 

1 Introduction

1.1 We are a company incorporated in the State of Victoria, Australia. We operate the tattersalls.com.au website as an agent of:

(a)  Tattersall's Sweeps who is the holder of a public lottery licence under the Legislation; and

(b)  Tatts NT who is authorised under the Legislation to conduct public lotteries and Australian Soccer Football Pools in the Northern Territory.


1.2 The Terms and Conditions in this Part H contain terms and conditions that are specific to your tatts.com Pty Ltd Product Account and the Tattersall’s Sweeps Products and services provided through tatts.com Pty Ltd. The terms and conditions in this Part H should be read in conjunction with Parts A and B which form part of the terms and conditions that are specific to your tatts.com Pty Ltd Product Account.

1.3 The laws governing the operations of public lotteries conducted by Tattersall's Sweeps in Victoria and Tasmania and public lotteries and Australian Soccer Football Pools in the Northern Territory conducted by Tatts NT are contained in the Legislation.

1.4 When you make an offer to us to purchase entries in respect of:

(a)  Tattersall’s Sweeps Products , if we accept that offer we are accepting the offer you have made to us in Victoria and you are deemed to receive notification of that acceptance in Victoria and an agreement between you and us is formed in Victoria; or

(b)  Tatts NT Products, if we accept that offer we are accepting the offer you have made to us in the Northern Territory and you are deemed to receive notification of that acceptance in the Northern Territory and an agreement between you and us is formed in the Northern Territory.


1.5 In this Part H, “us”, “we” and “our” means tatts.com Pty Ltd.

 

2 Account Use

2.1 You may use your Product Account with us to purchase Tattersall’s’ Sweeps Products or Tatts NT Products using the internet by various methods made available by us from time to time, including by visiting tattersalls.com.au.

 

3 Rules

3.1 The rules governing each lottery in which you may be able to purchase entries through this Website are contained in the following Rules of Tattersall’s Sweeps and Tatts NT respectively:

(a) TattsLotto Rules (Schedule A of the Rules);

(b) Super 66 Rules (Schedule B of the Rules);

(c) Oz Lotto Rules (Schedule C of the Rules);

(d) Monday and Wednesday Lotto Rules (Schedule D of the Rules);

(e) Powerball Rules (Schedule E of the Rules); and

(f) The Pools Rules (Schedule F of the Rules).

3.2 Links to the Rules of both Tattersall's Sweeps and Tatts NT are accessible via the Games section of this Website.

 

4 Purchasing entries in lotteries

4.1 The manner in which you may offer to purchase entries is explained in the Games section and the How to Play pages on this Website.

4.2 When you click on the Purchase button on the Website you are:

(a) offering to purchase the entry selected by you; and

(b) authorising the debiting of your Accounts with the cost of the entry.

4.3 On receipt by us of your offer to purchase, Tattersall’s Sweeps’ lottery system will attempt to give effect to your offer for Tattersall's Sweeps Products and Tatts NT’s lottery system will attempt to give effect to your offer for Tatts NT Products. When Tattersall's Sweeps or Tatts NT (as is relevant) confirms to us its acceptance of your offer, Tattersall's Sweeps or Tatts NT (as is relevant) will issue a ticket number which will appear on your screen and we will provide that ticket number and other details relating to your entry (as set out in the Rules) to you by email. 


4.4 Receipt by us of a ticket number from Tattersall's Sweeps or Tatts NT(as is relevant) confirms your offer to purchase.

4.5 If you do not receive a ticket number in respect of your offer to purchase an entry you must contact us immediately.

4.6 Copies of the details of the entry can only be used as evidence of an entry if the details match the full details recorded on the lottery system of Tattersall’s Sweeps or Tatts NT (as is relevant).

4.7 Offers from you to purchase must be received by Tattersall’s Sweeps’ lottery system or Tatts NT's lottery system (as is relevant) prior to the deadline for the submission of offers for each draw of each lottery.

4.8 The deadlines for submission of offers are shown in the Games section and How to Play pages on the Website.

4.9 If you wish to cancel an entry you have purchased you must do so prior to the close of entries for the drawing to which your purchase relates, however your request to cancel will only be effective if we have been able to cancel the entry through the relevant lottery system.

4.10 All prizes:

(a) are subject to verification procedures prior to payment being made; and

(b) will be credited to your Account within the relevant timeframes stipulated in the relevant Rules.

 

5 Limits on the amount of lottery purchases

5.1 We or you may place limits from time to time on purchases of Products that can be made by you over a particular period of time (e.g. a limitation on the amount that can be spent per week). The limits are shown on the Self Manage page in the Your Accounts section on the Website.

5.2 Where we impose limits on purchases that can be made by you, we will notify you of this limitation as soon as possible. If you believe that the change is detrimental to you, you may close your Product Account without any fees or charges.

 

6 Inactive Product Account

6.1 If you have not accessed your Product Account for a period of twelve (12) months, we may suspend your Product Account.

6.2 If your Product Account remains Inactive for a period of twenty-four (24) months, we may close your Product Account and terminate your access to the Website.

 

7 Self-Exclusion

7.1 You may self-exclude from purchasing Products via this Website which will result in you being prevented from being able to use your username, password and tatts.com Pty Ltd Product Account for a period of 180 days. The process for self-exclusion is shown on the Self Manage page in the Your Accounts section on the Website.

7.2 You will only be permitted to access your Product Account again after the 180 day period has elapsed.

 

8 Jurisdiction

8.1 When you make an offer to us to purchase entries in respect of Tattersall’s Sweeps Products, the laws of Victoria govern these Terms and Conditions and you submit to the jurisdiction of the courts of Victoria and you agree not to seek to stay or terminate any proceedings brought in Victoria on the grounds that the forum is not convenient or is less appropriate than some other forum.


8.2 When you make an offer to us to purchase entries in respect of Tatts NT Products, the laws of the Northern Territory govern these Terms and Conditions and you submit to the jurisdiction of the courts of the Northern Territory and you agree not to seek to stay or terminate any proceedings brought in the Northern Territory on the grounds that the forum is not convenient or is less appropriate than some other forum.


 

9 Intellectual Property

9.1 Intellectual property does or may subsist in or relate to the content in this Website, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property in all of the content in this Website and by accessing and using this Website, you acknowledge such ownership and/or licence.

9.2 No data, file, graphics, images, results or other content in this Website, including content downloaded from this Website and material you may receive in connection with this Website, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.

 

10 Assignment

10.1 We may assign our rights and obligations under the Terms and Conditions to a Related Body Corporate and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us.

11 Tatts Card

11.1 By establishing a Product Account with us, you will automatically be registered in our Tatts Card program.

11.2 The Tatts Card Membership terms are provided at the end of these Terms and Conditions.

Tatts Card Membership Terms

  1. These are the Membership Terms applicable to Tatts Card membership. They are important and should be read carefully by you.

    By having a tatts.com Account, you are automatically registered as a member of the Tatts Card program.  If you have been automatically registered as a member of the Tatts Card program you will only be issued a Tatts Card if you elect to receive a Tatts Card.  To activate your Tatts Card, you will need to pay the activation fee set by us. This fee is non-refundable.  Details regarding the activation and annual administration fees set by us can be found at Tatts Outlets and at tatts.com.  We will notify you of any changes to the fees.  If you are already a member of the Tatts Card program before you open a tatts.com Account, you can link your Tatts Card to your tatts.com Account.  By linking your Tatts Card to your tatts.com Account, you will be able to view online your transaction history for all purchases made by you at any Tatts Outlet where those purchases are registered to your Tatts Card.

  2. You agree to the Tatts Card Membership Terms either expressly (e.g. when you expressly accept them as part of the registration process) or implicitly (e.g. when you make use of your Tatts Card to enter a lottery or otherwise make use of the benefits or services available to Tatts Card members).

  3. If you are asked to accept these Membership Terms in respect of your existing Tatts Card membership then your acceptance acknowledges that the Membership Terms replace those which applied to your existing membership, to the extent that they are different.

  4. Tatts Card membership is only available to persons 18 years of age or older.

  5. Your right to make use of your Tatts Card membership to participate in a lottery (e.g. the use of your Tatts Card to purchase an entry) is conditional upon your compliance with the Membership Terms.

  6. To use (and continue to use) a Tatts Card and to participate (and continue to participate) as a member, you must, when requested by us or a Tatts Outlet, pay the activation fee and the annual administration fee as set by us. These fees are non-refundable. Details regarding the activation and annual administration fees set by us can be found at Tatts Outlets and at tatts.com. We will notify you of any change to the fees.

  7. From 1 March, 2012 prizes registered to a Tatts Card can only be claimed if you present the relevant Tatts Card with the winning ticket(i.e. the same Tatts Card as was used to register the entry).

  8. A prize registered on your Tatts Card (other than a Division 1 prize) and not claimed within 4 weeks of the relevant draw date will be paid, at our election, in any one of the following ways:

  9. (a) by crediting the then recorded tatts.com Account which you have linked to your Tatts Card (but only if you are an unrestricted member, that is, only if your identity, age and place of residence have been verified in accordance with our identification procedures);

    (b) by remittance in Australian dollars through a bank account nominated by you with an Australian branch of a bank carrying on business in Australia;

    (c) by cheque to you and forwarded by ordinary post to the address recorded for you on our lottery system file. 

    Prizes in respect of multi-week entries will be paid approximately four weeks after the draw date of the last entry recorded on that lottery ticket.

  10. If a Division 1 prize is registered to your Tatts Card, we will attempt to contact you by email or telephone by the end of the next business day after the draw date, on the email address or telephone number registered to the Tatts Card.

  11. Division 1 prizes will be paid, at our election, either by electronic funds transfer into an account with an Australian branch of a bank carrying on business in Australia, [or by cheque in person at our offices], or, if we agree (at our absolute discretion) to a request by you, by cheque forwarded by registered or express post to the address then registered to the Tatts Card.

  12. We may request either a statutory declaration of ownership or the original lottery ticket be produced prior to the payment of any prize registered on your Tatts Card.

  13. A nominal handling fee inclusive of GST may be deducted from those prizes over $5.00. We will give you notice of the introduction or increase of any fee at least 30 days before the change. Prize cheques for which a 'stop payment' is placed at your request, or which have been cancelled, returned or re-issued as a result of your failure to keep your details current, may incur additional handling/service fees to cover any costs imposed on us by third parties, including those fees charged by the bank of issue, and may be deducted from the value of the prize.

  14. Prize winning lottery tickets are bearer documents and any prize payment by us to a person surrendering a winning lottery ticket shall discharge any liability we have in respect of that winning lottery ticket, irrespective of whether the lottery ticket is registered to a particular Tatts Card member or not.

  15. We assume no responsibility or liability for lost or stolen tickets or Tatts Cards and under no circumstances shall registration as a Tatts Card member entitle a person to whom a winning ticket is registered to claim a prize previously paid by us to a person surrendering a winning ticket and Tatts Card (where applicable) to us or a Tatts Outlet. If your ticket or Tatts Card is lost or stolen you should tell us immediately. If you tell us in adequate time and before the prize is claimed, we may be able to stop payment of the prize.

  16. Notwithstanding anything else in the Membership Terms, if a prize is registered to your Tatts Card by mistake (e.g. if you are not the true owner of the ticket but the ticket has been mistakenly registered to your Tatts Card) and we pay you the prize, you are to reimburse us the amount of that prize upon demand. Where it comes to our attention that we have paid you a prize in error, we will notify you as soon as possible.

  17. It is your responsibility to ensure that the personal details (including the details of any tatts.com Account linked to your Tatts Card), your bank account details and address provided to us by you for recording on our lottery system file are correct, complete and accurate at all times, and not misleading or likely to mislead. You must promptly notify us of all changes. In order to effect some changes, you may be required to complete a change of details form made available by us. You acknowledge that we rely on this information provided by you to, amongst other things, process your prize payments.

  18. The accessibility and operation of the Tatts Card membership program relies on internet technologies outside of our control. We do not guarantee the continuous accessibility, uninterrupted operation or any particular standard of performance of this service.

  19. If you have committed a material breach of any of the Membership Terms including, for example, if we become aware or reasonably believe that your Tatts Card may have been used to facilitate or is connected with unlawful, suspicious or fraudulent transactions or has been misused, or been subject to unauthorised use we may, without limitation to such other rights and remedies we may have, terminate your membership. We will notify you as soon as possible of the termination.

  20. Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, we will not be liable for any errors or omissions in respect of numbers stored on our lottery system or any inability to record or retrieve numbers stored on your Tatts Card or to otherwise access our lottery system for any purpose, save to the extent that such errors, omissions or inabilities arise from our negligence or wilful misconduct or that of any of our officers, employees or agents. It remains your responsibility to check that numbers and/or entry details recorded on lottery tickets are correct at the time of issue.

  21. Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, Tatts Card membership is at your own risk and you relieve us of any liability to you whatsoever (whether in contract, tort or otherwise) for any loss or damage suffered by you as a result of your membership or as a result of your use or attempted use or reliance on any information, service or facility provided to you as a Tatts Card member, save to the extent that such loss or damage arises from our negligence or wilful misconduct (or that of any of our officers, employees or agents).

  22. It is a condition of membership that you consent and authorise us to collect, use and disclose information supplied by you on your application form and other information which we collect in relation to you and your membership for the purposes described in the Membership Terms. If you do not provide the required information, we cannot process your application. Your personal information will be dealt with in accordance with Tatts Group’s Privacy Policy which is available for inspection at www.tattsgroup. com/legal/privacy.

  23. Information about you which is provided by you on your application form is used by us to assess and process membership applications and to inform you of prizes won by you. The information is also used for the purposes of carrying out marketing, planning, product development, administration and conduct of the Tatts Card program and research. You consent and authorise us to also disclose this information to our agents, contractors and to other companies in the Tatts Group so they can use it and disclose it to their agents and contractors, for the purposes of marketing, planning, product development, administration and conduct of the Tatts Card program and research. We may also disclose this information to any person who is the bearer of a lottery ticket that is registered to your Tatts Card, for the purposes of the administration and conduct of the Tatts Card program. We may also disclose your Tatts Card number on the customer display screen when you choose to use your Tatts Card during a lottery transaction. It is a condition of membership that you consent to these uses and disclosures of your information by us. You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.

  24. By becoming a Tatts Card member you consent to us contacting you by any communication means (for example, email, SMS, letter, social media) for an indefinite period of time to provide you with information about upcoming events, promotions, new products and services or other similar opportunities. Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out. If you do not wish to receive these communications, you can opt-out of any or all of them at any time by updating your communication preferences by contacting us.

  25. We may vary any of the Membership Terms by getting your consent or complying with this section. The steps we must take depend on the type of variation. If we reasonably consider that any change to the Membership Terms is likely to benefit you or be of immaterial detriment to you, we can make the change immediately and do not need to notify you. We will notify you of any other change to the Membership Terms either by (at our election) mail to an address provided to us by you, sent by us at least 30 days prior to the change occurring, or by email to the email address provided to us by you, sent by us at least 30 days prior to the change occurring. The notification will specify the date of commencement of the change to the Membership Terms. If you consider that any change to the Membership Terms is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding.

  26. Where we are required or permitted to give you a notice under the Membership Terms, we may do so, if the notice is about a variation of the Membership Terms, by complying with section 24, or otherwise, in any way, including by giving you the information in person (whether it be provided by us or our agents), or giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us, or making the information available at tatts.com.

  27. Where we give you notice:

    • in person, it is taken to be received by you at the time we give it;

    • by mail, it is taken to be received by you on the day after posting;

    • by email, it is taken to be received by you when the email is sent, regardless of any response to the email; and

    • by making information available on tatts.com, it is taken to be received by you at the time the information is made available on tatts.com.

  28. Where you are required or permitted to give us a notice under the Membership Terms, you may do so by giving us the notice by:

    • mail addressed to Locked Bag 7, Coorparoo DC QLD 4151; or

    • email to customersupport@tattersalls.com.au.

  29. Where any law requires or permits us to give information to you, you consent to that information being given by an electronic communication.

  30. We shall not be bound by any agreement made between two or more people concerning the sharing of prizes.

  31. We may assign our rights and obligations under the Membership Terms to other companies in the Tatts Group and we will give you notice no later than 30 days after any such assignment occurs. Otherwise, we may assign our rights and obligations by giving you notice in accordance with section 25. If you consider that the assignment is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding.

  32. The Membership Terms are to be read in conjunction with the Rules which are available for inspection at Tatts Outlets and on our website (tatts.com). In the event of any conflict between the Membership Terms and the Rules, the Rules will prevail to the extent necessary to resolve the conflict.

  33. Nothing in the Membership Terms affects your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

  34. The laws of Victoria govern the Membership Terms. Each of us submits to the jurisdiction of the courts of the State of Victoria.

  35. Any non-enforcement by us of any of our rights under the Membership Terms will not constitute a waiver of those rights. Any waiver by us of any of our rights under the Membership Terms will not constitute a waiver on any subsequent occasion.

  36. There are sections in the Membership Terms which cross reference or link to information on tatts.com. Unless the context otherwise requires, that cross reference or link is not intended to make the cross referenced or linked information a part of the Membership Terms.

  37. In the Membership Terms:

    • headings are for convenience only and do not affect interpretation;

    • "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;

    • a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;

    • if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

    • "includes" in any form is not a word of limitation;

    • a reference to “Tatts Card” has the same meaning as a reference to “Player Card” in the Rules; and

    • a reference to "$" or "dollar" is to Australian currency.

    • “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

    • “Membership Terms” mean the Tatts Card membership terms contained in this document as amended from time to time.

    • “Rules” means the rules made by Tatts in Victoria and Tasmania and by Tatts NT in the Northern Territory governing the conduct of public lotteries in the relevant jurisdiction.

    • "Tatts" means Tattersall's Sweeps Pty Ltd (ACN 081 925 662).

    • "Tatts NT" means Tatts NT Lotteries Pty Ltd (ACN 146 244 984).

    • “Tatts Outlet” means a retailer appointed by Tatts.

    • “Tatts Group” means Tatts Group Limited (ACN 108 686 040) and its related bodies corporate (as that term is defined in the Corporations Act).

    • "You" and "your" means you, the Tatts Card member.

    • “We”, “us” and “our” means Tatts if your registered address is in Victoria or Tasmania and means Tatts NT if your registered address is in the Northern Territory.



Part I. Tatts SA

 

1 Introduction

1.1 We are a company incorporated in the State of Victoria, Australia. We operate the salotteries.com.au website as the master agent for the Lotteries Commission of South Australia that is authorised under the State Lotteries Act 1966 to promote and conduct lotteries in accordance with the Legislation.

1.2 The Terms and Conditions in this Part I contain terms and conditions that are specific to your Tatts SA Product Account and the Tatts SA Products and services. The terms and conditions in this Part I should be read in conjunction with Parts A and B which form part of the terms and conditions that are specific to your Tatts SA Product Account.

1.3 The laws governing the operations of public lotteries conducted by Tatts SA are contained in the Legislation.

1.4 When you make an offer to us to purchase entries, if we accept that offer we are accepting the offer you have made to us in South Australia. You are deemed to receive notification of that acceptance in South Australia and an agreement between you and us is formed in South Australia.

1.5 In this Part I, “us”, “we” and “our” means Tatts SA.

 

2 Account Use

2.1 You may use your Product Account with us to purchase Tatts SA Products using the internet by various methods made available by us from time to time, including by visiting salotteries.com.au.

 

3 Rules

3.1 The rules governing each lottery in which you may be able to purchase entries through this Website are contained in the following Rules:

(a) XLotto Rules (Monday, Wednesday and Saturday Lotto);

(b) Powerball Rules;

(c) Oz Lotto Rules;

(d) Pools Rules;

(e) Super 66 Rules; and

(f) Lotteries (General) Rules

3.2 Links to the Rules are accessible via the Games section of this Website.

 

4 Purchasing entries in lotteries

4.1 The manner in which you may offer to purchase entries is explained in the How to Play pages on this Website and you are approved by us to complete the entry other than by hand.

4.2 When you click on the Purchase button on the Website you are:

(a) offering to purchase the entry selected by you; and

(b) authorising the debiting of your Accounts with the cost of the entry.

4.3 On receipt by us of your offer to purchase, our lottery system will attempt to give effect to your offer and if accepted we will issue a ticket number which will appear on your screen and we will provide that ticket number and other details relating to your entry (as set out in the Rules) to you by email.

4.4 If you do not receive a ticket number in respect of your offer to purchase an entry you must contact us immediately.

4.5 Copies of the details of the entry can only be used as evidence of an entry if the details match the full details recorded in our lottery system.

4.6 Offers from you to purchase must be received by our lottery system prior to the deadline for the submission of offers for each draw of each lottery.

4.7 The deadlines for submission of offers are shown in the Games section and the How to Play pages on the Website.

4.8 If you wish to cancel an entry you have purchased you must do so prior to the close of entries for the drawing to which your purchase relates, however your request to cancel will only be effective if we have been able to cancel the entry through our lottery system.

4.9 All prizes:

(a) are subject to verification procedures prior to payment being made; and

(b) will be credited to your Account within the relevant timeframes stipulated in the Rules.

 

5 Limits on the amount of lottery purchases

5.1 We or you may place limits from time to time on purchases of Tatts SA Products that can be made by you over a particular period of time (e.g. a limitation on the amount that can be spent per week). The limits are shown on the Self Manage page in the Your Accounts section on the Website.

5.2 Where we impose limits on purchases that can be made by you, we will notify you of this limitation as soon as possible. If you believe that the change is detrimental to you, you may close your Product Account without any fees or charges.

 

6 Inactive Product Account

6.1 If you have not accessed your Product Account for a period of twelve (12) months we may suspend your Product Account.

6.2 If your Product Account remains Inactive for a period of twenty-four (24) months, we may close your Product Account and terminate your access to the Website.

 

7 Restricted Member Account closure

7.1 If you do not become an Unrestricted Member within ninety (90) days of being registered as a Restricted Member:

(a) we will close your Product Account; and

(b)any funds standing to the credit of your Product Account will continue be held on trust for you in one or more of Tatts Group’s general accounts (refer to sections 6.4 and 6.5 of Part B).

7.2 Funds will be dealt with in accordance with the Terms and Conditions until:

(a) you become an Unrestricted Member ( i.e. until your identity, age and place of residence have been verified in accordance with our identification procedures) at which time funds may be claimed by you; or

(b) the funds are required to be dealt with in accordance with any law relating to unclaimed money.

 

8 Self-Exclusion

8.1 You may self-exclude from purchasing Products via this Website which will result in you being prevented from being able to use your username, password and Tatts SA Account for a period of 180 days. The process for self-exclusion is shown on the Self Manage page in the Your Accounts section on the Website.

8.2 You will only be permitted to access your Product Account again after the 180 day period has elapsed.

 

9 Jurisdiction

9.1 The laws of South Australia govern these Terms and Conditions and you submit to the jurisdiction of the courts of South Australia.

9.2 You agree not to seek to stay or terminate any proceedings brought in South Australia on the grounds that the forum is not convenient or is less appropriate than some other forum.

 

10 Intellectual Property

10.1 Intellectual property does or may subsist in or relate to the content in this Website, including, but not limited to, copyright, patents and trade marks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. Tatts SA owns or is licensed to use that intellectual property in all of the content in this Website and by accessing and using this Website, you acknowledge such ownership and/or licence.

10.2 No data, file, graphics, images, results or other content in this Website, including content downloaded from this Website and material you may receive in connection with this Website, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.

 

11 Assignment

11.1 We may assign our rights and obligations under the Terms and Conditions to a Related Body Corporate and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us.

Easiplay Club Card Membership Terms

 

Terms & Conditions

1. Application of Membership Terms: These are the Membership Terms applicable to Easiplay Club membership. They are important and should be read carefully by you. By having a Tatts SA Product Account, you are automatically registered as a member of the Easiplay Club card program. If you have been automatically registered as a member of the Easiplay Club card program you will only be issued an actual or electronic Easiplay Club card if you elect to receive an Easiplay Club card.

2. Fees: To have (and continue to have) an Easiplay Club card and be (and continue to be) an Easiplay Club member, including eligibility for the Monthly Bonus Draws, you must, when requested by us or an Tatts SA Outlet, pay the activation fee and annual administration fee as set by us.

2.1 Details regarding the activation and annual administration fees set by us can be found at Tatts SA Outlets and at www.salotteries.com.au. We will notify you of any changes to the fees.

2.2 If you are already a member of the Easiplay Club card program before you open a Tatts SA Product Account, you can link your Easiplay Club card to your Tatts SA Product Account. By linking your Easiplay Club card to your Tatts SA Lotteries Product Account, you will be able to view online your transaction history for all purchases made by you at any Tatts SA Outlet where those purchases are registered to your Easiplay Club card.

3. Acceptance of Membership Terms: You agree to the Easiplay Club Membership Terms either expressly (e.g. when you expressly accept them as part of the registration process) or implicitly (e.g. when you make use of your Easiplay Club card to enter a lottery or otherwise make use of the benefits or services available to Easiplay Club members). If you are asked to accept these Membership Terms in respect of your existing Easiplay Club membership then your acceptance acknowledges that the Membership Terms replace those which applied to your existing membership, to the extent that they are different.

4. Eligibility: Easiplay Club membership is only available to persons 18 years of age or older. Your right to make use of your Easiplay Club membership to participate in a lottery (e.g. the use of your Easiplay Club card to purchase an entry) is conditional upon your compliance with these Membership Terms.

5. Existing Members: If you are already an Easiplay Club member and your card is in the name of two players then from 7 April 2014 the first named person on the card will be taken to be the registered player for the purposes of advising Tatts SA of any updates to your membership details and for payment of prizes. All prize payments in relation to the Easiplay Club membership card shall be paid to that player.

6. Prizes: Prizes registered to an Easiplay Club card can only be claimed if you present the relevant Easiplay Club card (i.e. the same Easiplay Club card as was used to register the entry). We may additionally request either a statutory declaration of ownership or the original entry ticket be produced prior to the payment of any prize registered on an Easiplay Club card.

6.1 A prize registered on your Easiplay Club card (other than a Division 1 prize) and not claimed within the Autopay period, at our election, or at your election if you have a linked Tatts SA Product Account may be paid in any one of the following ways:

(a) by crediting the then recorded Tatts SA Product Account which you have linked to your Easiplay Club card (but only if you are an unrestricted member, that is, only if your identity, age and place of residence have been verified in accordance with our identification procedures);

(b) by remittance in Australian dollars through a bank account nominated by you with an Australian branch of a bank carrying on business in Australia;

(c) by cheque or by Gift Vouchers to you and forwarded by ordinary post to the address recorded for you on our lottery system file.

(d) Prizes in respect of multi-week entries will be paid in the period ending 28 days from midnight on the day of determination of the results of the final draw as shown on the ticket.

(e) In all other cases, the period ending 28 days from midnight on the day of determination of the results of the draw.

6.2 If a Division 1 prize is registered to your Easiplay Club card, we will attempt to contact you by email, telephone or other means of electronic communication by the end of the next business day after the draw date, on the email address or telephone number registered to the Easiplay Club card (which you are required to keep up to date).

6.3 Division 1 prizes will be paid 14 days from the first business day following a draw, at our election, either by electronic funds transfer into an account with an Australian branch of a bank carrying on business in Australia, [or by cheque in person at our offices], or, if we agree (at our absolute discretion) to a request by you, by cheque forwarded by registered or express post to your current address.

6.4 A nominal handling fee (which may include postage costs and a processing fee) inclusive of GST may be deducted from prize payments made by electronic funds transfer, cheques or such other manner as SA Lotteries determines We will give you notice of the introduction or increase of any fee at least 30 days before the change. Prize cheques for which a 'stop payment' is placed at your request, or which have been cancelled, returned or re-issued as a result of your failure to keep your details current, may incur additional handling/service fees to cover any costs imposed on us by third parties, including those fees charged by the bank of issue, and may be deducted from the value of the prize.

7. Prize claims: Prize winning lottery tickets are bearer documents and any prize payment by us to a person surrendering a winning lottery ticket shall discharge any liability we have in respect of that winning lottery ticket, irrespective of whether the lottery ticket is registered to a particular Easiplay Club member or not.

8. Mistake: Notwithstanding anything else in the Membership Terms, if a prize is registered to your Easiplay Club card by mistake (e.g. if you are not the true owner of the ticket but the ticket has been mistakenly registered to your Easiplay Club card) and we pay you the prize, you are to reimburse us the amount of that prize upon demand. Where it comes to our attention that we have paid you a prize in error, we will notify you as soon as possible.

9. Personal details: It is your responsibility to ensure that the personal details (including the details of any Tatts SA Product Account linked to your Easiplay Club card), your bank account details and address provided to us by you for recording on our lottery system file are correct, complete and accurate at all times, and not misleading or likely to mislead. You must promptly notify us of all changes. In order to effect some changes, you may be required to complete a change of details form made available by us. You acknowledge that we rely on this information provided by you to, amongst other things, process your prize payments.

10. Availability of internet services: The accessibility and operation of the Easiplay Club membership program relies on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of this service.

11. Ownership of Easiplay Club card: The Easiplay Club card remains our property. We reserve the right to withdraw the card and terminate the Easiplay Club membership program at any time and to pay out any prize moneys which may be outstanding, in accordance with the Rules, by giving you at least 30 days’ notice. You may continue to use your Easiplay Club card in accordance with the Membership Terms during the notice period. Where we withdraw your Easiplay Club card in accordance with this section, no fees or charges will be payable by you and you will be entitled to claim a pro rata refund of the administration fee for any remaining period of membership after the date of termination.

12. Breaches: If you have committed a material breach of any of the Membership Terms, including for example, if we become aware or reasonably believe that your Easiplay Club card may have been used to facilitate or is connected with unlawful, suspicious or fraudulent transactions or has been misused, or been subject to unauthorised use we may, without limitation to such other rights and remedies we may have, terminate your membership. We will notify you as soon as possible of the termination without any requirement to outline the reasons for such cancellation.

13. Liability: We assume no responsibility or liability for lost or stolen tickets and under no circumstances shall registration as an Easiplay Club member entitle a person to whom a winning ticket is registered to claim a prize previously paid by us to a person surrendering a winning ticket to us or a Tatts SA Outlet. If your ticket is lost or stolen you should tell us immediately. If you tell us in adequate time and before the prize is claimed, we may be able to stop payment of the prize.

13.1 Except to the extent that guarantees under the Australian Consumer Law cannot be excluded we will not be liable for any errors or omissions in respect of numbers stored on our lottery system or any inability to record or retrieve numbers stored on your Easiplay Club card or to otherwise access our lottery system for any purpose, save to the extent that such errors, omissions or inabilities arise from our negligence or wilful misconduct or that of any of our officers, employees or agents. It remains your responsibility to check that numbers and/or entry details recorded on lottery tickets are correct at the time of issue.

13.2 Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, Easiplay Club membership is at your own risk and you relieve us of any liability to you whatsoever (whether in contract, tort or otherwise) for any loss or damage suffered by you as a result of your membership or as a result of your use or attempted use or reliance on any information, service or facility provided to you as a Easiplay Club member, save to the extent that such loss or damage arises from our negligence or wilful misconduct (or that of any of our officers, employees or agents).

14. Privacy: Tatts SA is authorised to collect personal information for the purpose of processing your application for registration of your membership of the Tatts SA Easiplay Club program under the Lotteries (General) Rules.

14.1 By becoming a member you consent and authorise us to access, collect and use the personal information collected about you and disclose personal information about you, to the Promoter Group and its contractors and agents (which may include disclosure to financial institutions, lawyers, auditors, IT service providers, mail service providers, marketing service providers, market research companies, selling agents) and gaming and other regulators, for the purposes of (i) registration of your membership; and (ii) providing you with information about products and services.

14.2 We may also disclose this information to any person who is the bearer of a lottery ticket that is registered to your Easiplay Club card, for the purposes of the administration and conduct of the Easiplay Club program. We may also disclose your Easiplay Club card number on the customer display screen when you choose to use your Easiplay Club card during a lottery transaction. It is a condition of membership that you consent to these uses and disclosures of your information by us. When submitting your membership registration, you can elect to not have your name disclosed when announcing major prize winners. You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information

14.3 If you do not provide the personal information requested, we cannot process your application for registration. Your personal information will be dealt with in accordance with Tatts Group’s Privacy Policy which is available for inspection at www.tattsgroup.com/legal/privacy. The Tatts Group Privacy Policy, available at www.salotteries.com.au, contains further information about how you may access and seek a correction of your personal information, how you may complain about privacy related matters and information about how your complaint will be dealt with. For privacy related queries, please contact 131 868 or privacyofficer@tattsgroup.com.

15. Communication with you: By becoming an Easiplay Club member you consent to us contacting you by email and/or SMS or other means of electronic communication to provide you with information about upcoming events, promotions, new products and services or other similar opportunities including payment of free prize tickets. Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out. If you do not wish to receive these communications, you can opt-out of any or all of them at any time by updating your communication preferences by contacting us on 131 868 or onlinesupport@salotteries.com.au.

16. Variation of Membership Terms: We may vary any of the Membership Terms by getting your consent or complying with this section. The steps we must take depend on the type of variation. If we reasonably consider that any change to the Membership Terms is likely to benefit you or be of immaterial detriment to you, we can make the change immediately and do not need to notify you. We will notify you of any other change to the Membership Terms either by (at our election) mail to an address provided to us by you, or by email to the email address provided to us by you, sent by us at least 30 days prior to the change occurring. The notification will specify the date of commencement of the change to the Membership Terms. If you consider that any change to the Membership Terms is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.

17. Notices: Where we are required or permitted to give you a notice under the Membership Terms, we may do so, if the notice is about a variation of the Membership Terms, by complying with section 25, or otherwise, in any way, including by giving you the information in person (whether it be provided by us or our agents), or giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us, or making the information available at www.salotteries.com.au.

17.1 Where we give you notice:

• in person, it is taken to be received by you at the time we give it;

• by mail, it is taken to be received by you on the day after posting;

• by email, it is taken to be received by you when the email is sent, regardless of any response to the email; and

• by other means of communication when the messages are sent

• by making information available on www.salotteries.com.au, it is taken to be received by you at the time the information is made available on www.salotteries.com.au

17.2 Where you are required or permitted to give us a notice under the Membership Terms, you may do so by giving us the notice by:

• mail addressed to Locked Bag 7, Coorparoo DC QLD 4151; or

• email to onlinesupport@salotteries.com.au

18. Agreement between group entrants: We shall not be bound by any rule or agreement made between group entrants.

19. Assignment: We may assign our rights and obligations under the Membership Terms to other companies in the Tatts Group and we will give you notice no later than 30 days after any such assignment occurs. Otherwise, we may assign our rights and obligations by giving you notice in accordance with section 26. If you consider that the assignment is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.

20. Application of game rules: The Membership Terms are to be read in conjunction with the Lotteries (General) Rules and other game rules governing our lottery games which are available for inspection at www.salotteries.com.au. In the event of any conflict between the Membership Terms and the Rules, the Rules will prevail to the extent necessary to resolve the conflict.

21. Jurisdiction: The laws of South Australia govern the Membership Terms. Each of us submits to the jurisdiction of the courts of the State of South Australia.

22. Waiver: Any non-enforcement by us of any of our rights under the Membership Terms will not constitute a waiver of those rights. Any waiver by us of any of our rights under the Membership Terms will not constitute a waiver on any subsequent occasion.

23. Website: There are sections in the Membership Terms which cross reference or link to information on www.salotteries.com.au. Unless the context otherwise requires, that cross reference or link is not intended to make the cross referenced or linked information a part of the Membership Terms.

24. Interpretation:

Nothing in the Membership Terms affects your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

In the Membership Terms:

• headings are for convenience only and do not affect interpretation;

• "person" includes an individual, a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;

• if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

• "includes" in any form is not a word of limitation;

• a reference to "$" or "dollar" is to Australian currency; and

• a reference to “application” or “application for registration” means your application described in section 5 of Part B of the Terms and Conditions.

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Membership Terms” mean the Easiplay Club card membership terms contained in this document as amended from time to time.

"Tatts SA" means Tatts Lotteries SA Pty Ltd (ACN 146 245 007).

“Tatts SA Outlets” means a retailer appointed by Tatts SA.

“Tatts SA Product Account” means an internet account with Tatts SA.

“Rules” means the game rules approved by the Minister from time to time for the conduct of lotteries.

“Tatts Group” means Tatts Group Limited (ACN 108 686 040) and its related bodies corporate (as that term is defined in the Corporations Act).

"You" and "your" means you, the Easiplay Club member.

“We”, “us” and “our” means Tatts SA.

 

Part J. Autoplay Functionality

 

1 Introduction

The terms and conditions in this Part J contain terms and conditions that are specific to the establishment of an Autoplay functionality and use of your Account and should be read in conjunction with Parts A, B, C, F, G, H and I of these terms and conditions (if applicable).

2 Definitions

“Autoplay functionality” means the automatic purchasing of a specific entry in a lottery based on the settings requested by you at the time you set it up.

3 Establishment of Autoplay functionality

3.1 If approved for use in the jurisdiction in which you reside, you may set up Autoplay functionality at the time that you offer to purchase an entry in a lottery from a Product Supplier provided that –

(a) you are an Unrestricted Member; 

(b)  the purchase will not exceed your Nominated Pre-commitment Limit; and

(c) you keep your credit card details up to date.

3.2 If approved for use in the jurisdiction in which you reside, you may set up the Autoplay functionality for the following lottery products –

(a) for residents of Victoria, Tasmania and the Australian Capital Territory  - TattsLotto, Monday & Wednesday Lotto, Powerball, the Pools and Oz Lotto;

(b) for residents of the Northern Territory and selected international jurisdictions – TattsLotto, Monday & Wednesday Lotto, Powerball, the Pools and Oz Lotto;

(c) for residents of Queensland - Saturday Gold Lotto, Monday & Wednesday Gold Lotto, Powerball, the Pools and Oz Lotto; and

(d) for residents of New South Wales - Saturday Lotto, Monday & Wednesday Lotto, Powerball, the Pools, Oz Lotto and Lucky Lotteries.

4 Purchasing entries using Autoplay functionality (where available)

4.1 The manner in which you can set up the entries you wish to purchase using the Autoplay functionality is explained on the Websites.

4.2 You can select your product purchases in a number of different ways –

(a) every draw for a particular product;

(b) every draw for a nominated number of draws only;

(c) only certain draws where the jackpot level for a particular product or products is equal to or higher than a specified amount; and

(d) Superdraws or Megadraws.

4.3 Your selection of entries that you have nominated to purchase using the Autoplay functionality will continue for the time nominated by you, or until you amend your nominated Autoplay selection by pausing or cancelling the Autoplay functionality from time to time in the manner specified on the Website.

4.4 If you are a resident of New South Wales and wish to set up Autoplay functionality to purchase Lucky Lottery entries then you need to remember that there may be more than one draw per day for Lucky Lotteries games.

5 Autoplay payments

5.1 Your Accounts will be debited to pay for the cost of the entries you have nominated via the Autoplay functionality as soon as practicable in the week leading up to draw to which the relevant entry relates and at the time the relevant entry is purchased using the Autoplay functionality. 

5.2 The cost of entries purchased using the Autoplay functionality will be the cost for those entries at the time those entries are automatically purchased which cost may be different from the cost at the time you set up or last varied your Autoplay functionality.

5.3 By establishing the Autoplay functionality you authorise us to deposit funds into your Accounts from the credit card nominated by you in the event of there being insufficient funds in your Accounts to pay for the cost of the entries you have nominated via the Autoplay functionality.

5.4 If the credit card details linked to your Accounts are not up to date then your offer to purchase lottery products will not be accepted. 

5.5 In the event that there are multiple purchases rejected because of your failure to keep your credit card details up to date then your Autoplay functionality may be suspended or cancelled.

6 Notifications

6.1 Each time your offer to purchase an entry via the Autoplay functionality is processed and accepted by the Product Supplier for a particular Product we will issue a ticket number and we will provide that ticket number and other details relating to your entry to you by email.

6.2 We will give you notice by email if your offer to purchase an entry via the Autoplay functionality is not processed and accepted by the Product Supplier.

6.3 We will notify you by email of any anomalies that may arise because of a computer system failure which may lead to the non-purchase of an entry via the Autoplay functionality.

7 Your Responsibilities 

7.1 It is your responsibility to ensure that your entries nominated via the Autoplay functionality have been successfully processed and accepted by us as requested by checking your Account.

7.2 You must keep your email address up to date at all times. 

7.3 You are able to pause, modify or cancel your Autoplay functionality at any time by accessing your Accounts and following the instructions on the Website.

7.4 You must keep your Autoplay functionality current and it is your responsibility to renew your Autoplay functionality if it has expired.

7.5 You are able to cancel a ticket purchased via the Autoplay functionality in accordance with the Terms and Conditions of the relevant Product Supplier. 

7.6 It is your responsibility to manage your Accounts at all times and to make separate prior arrangements to cancel your Accounts and/or Auto play functionality in the event of death or incapacity.

8 Indemnity and Limitation of Liability

8.1 For the avoidance of doubt, Clause 4.2 of the Common Terms and Conditions (Part B) applies to all entries purchased or sought to be purchased using the Autoplay functionality.

9 Responsible Gambling and Self Exclusion

9.1 We reserve the rights to deny you the opportunity to use the Autoplay functionality and we may withdraw the Autoplay functionality from you at any time.

9.2 Each of the Product Suppliers may in its absolute discretion temporarily or permanently exclude you from using the Autoplay functionality if any responsible gambling concerns are raised as a result of your purchasing any or all lottery products or using the Autoplay functionality.

9.3 The Autoplay functionality is not available to any Member who has been excluded from purchasing lottery products by any of the Product Suppliers or has self excluded from purchasing any lottery products. 

[1] NT TAB will be the supplier of wagering products which are available from NT TAB and which have not been approved by the Queensland, and South Australian or Tasmanian regulators (as applicable).

[2] BPAY® Registered to BPAY Pty. Ltd ABN 69 079 137 518

[3] Prizes purchased using your NSW Lotteries Product Account are not registered to your Players Club Card and will be paid to you in accordance with the terms and conditions in Part G.