New Terms and Conditions


Terms and Conditions - Effective 21st July 2020

Part A - Your Account

1 Agreement to Terms and Conditions

2 Application of Betting Rules and Legislation

3 Your personal information

4 Eligibility for an Account

5 Opening an Account

6 Warranties of personal details

7 Verifying your identity and Anti-Money Laundering and Counter-Terrorism Financing Laws

Part B - Using your Account

8 Only you may use your Account

9 TAB Mobile Application security

10 Permitted use

11 Unlawful and non-permitted use

12 Lost or stolen card

Part C - Responsible Gambling

13 Responsible gambling

14 Self-exclusion

15 Deposit Limit and Spend Limit set by you

16 Limits set by us

17 Minors

18 Intoxication

19 Mental impairment

20 Threatening behaviour

Part D - Account closure

21 Inactive Accounts

22 Closing your Account

23 Consequences of Account closure or suspension

Part E - Your money

24 Our custody of your money

25 Withdrawals and deposits

26 Withdrawals and deposits at TAB Venues

27 Deposits by credit card

28 Deposits by BPAY

29 Adjustments to your Account balance

30 Fees and debt recovery

31 Commissions

32 Costs

Part F - Betting

33 Products only available with registration

34 Right to refuse bets

35 Right to cancel bets

36 Right to change operating method

37 Check your bets

38 Records conclusive evidence

39 Bets must be received before deadline

40 Telephone bets

41 Bets encountering computer error

42 Check and Collect

Part G - General

43 Variation

44 Notices

45 Limitation of liability

46 Accessibility and operation of Account Channels

47 Governing law

48 Prohibited Jurisdictions

49 Excluded jurisdictions

50 Currency

51 Assignment

52 Waiver

53 Cross-references

Part H - Vision

54 Access to Vision

55 Vision - personal information

56 Vision - Third Party rights

57 Vision - restrictions on use

58 Vision - no reliance

Part I - Promos

59 Promos

60 Promo - Eligible Participant

61 Receiving Promos

62 Default Promo Terms and Conditions

63 Fair play

64 Excluded jurisdictions

65 Bonus Bets

66 Default Bonus Bet Terms and Conditions

67 Bonus Bets - storage and expiry

68 Bonus Bets - use

69 Bonus Bets - Dividends, Payouts and Refunds

70 Bonus Bet - Stake Return

71 Deposit Promos

72 Cash Back

Part J - Cash Out

73 Cash Out

74 Cash Out - Privacy Policy

75 Cash Out - Eligible Participant

76 Cash Out - Eligible Bets

77 Cash Out - Requesting an offer

78 Cash Out - Offers are subject to change

79 Cash Out - Timing

80 Cash Out - Receiving upfront payment

81 Cash Out - Set off

82 Cash Out - Customer acknowledgements

83 Cash Out - Other key terms

84 Cash Out - Customer warranties

85 Cash Out - Governing law

Part K - Definitions and interpretation

86 Definitions

87 Interpretation

Schedule A

Bonus Bet Default Bet Types

Part 1 - Default bet types for which a Bonus Bet can be used

Part 2 - Default bet types for which a Bonus Bet cannot be used

 

 

Part A - Your Account


1 Agreement to Terms and Conditions

1.1 You agree that by opening and operating an Account you have read and accepted these Terms and Conditions and agree to be bound by these Terms and Conditions, which you acknowledge may be amended from time to time.

1.2 Should you have an enquiry about the application of these Terms and Conditions to the use of your Account, you may wish to:

(a) lodge an enquiry via our Help Centre;

(b) check the Betting Rules;

(c) contact Customer Support on 131 802; or

(d) write to us at Locked Bag 7000, Granville, 2142, NSW.
 


2 Application of Betting Rules and Legislation

2.1 You agree to be bound by the Betting Rules, which form part of our agreement with you and which you acknowledge may be amended by us from time to time. The Betting Rules can be found at tab.com.au.

2.2 You acknowledge that your use of our Products is subject to the Legislation of the state or territory in which you hold your Account.

2.3 In the event of any conflict between these Terms and Conditions and the Legislation, the Legislation will prevail to the extent necessary to resolve the conflict.

2.4 In the event of any conflict between these Terms and Conditions and the Betting Rules, the Betting Rules will prevail to the extent necessary to resolve the conflict.
 


3 Your personal information

3.1 You agree that by opening and operating an Account you have read and accepted our Privacy Policy, which you acknowledge may be amended from time to time, and which is available:

(a) at tabcorp.com.au/privacy;

(b) on the TAB App; and

(c) by ringing Customer Support on 131 802.

3.2 This clause survives termination of your registration with us.
 


4 Eligibility for an Account

4.1 To access our Products, you need to become a Member by opening an Account.

4.2 By opening an Account, and each time you make an offer to purchase Products from us, you warrant that:

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

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

(d) your registration and the opening of an Account 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 Opening an Account

5.1 When opening a TAB account, you will be allocated a username and will be required to nominate a password and to provide other verification information before your application is approved and your Account is opened.

5.2 You may change your password or other verification information or suspend access to your Account at any time by contacting us in the manner set out in clause 44. If you disclose your password to anyone (inadvertently or otherwise) you agree to immediately contact us and/or change your password.

5.3 Unless otherwise authorised by us, you must only hold one Account for each Approved Jurisdiction.
 


6 Warranties of personal details

6.1 You, the customer, warrant that the personal details that you provide in order to open a TAB account are true and correct in every respect and that they are your own personal details (and not details of another person). You acknowledge that it is an offence under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) to knowingly give information that is false or misleading to a reporting entity (such as TAB).

6.2 We rely on the information you provide being true, correct and not misleading. If we have reasonable grounds to suspect that the warranty set out in 6.1 is false, and/or any information you provide to us is untrue, incorrect or misleading:

(a) we may suspend or close your Account;

(b) we may cancel or void and dishonour any Product purchases or offers to purchase Products made by you, and we will not be obliged to pay any winnings which might otherwise have been payable to you;

(c) we may retain (or recover from you) the value of any cancelled or voided Product purchases and any winnings paid to you; and

(d) we may report the matter to law enforcement authorities and regulatory bodies.

6.3 It is your ongoing responsibility to keep us informed of any changes in the information you have given us in connection with registering as a Member. You agree to notify us if your residential address or other contact details change.
 


7 Verifying your identity and Anti-Money Laundering and Counter-Terrorism Financing Laws

7.1 You acknowledge that the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) requires us to collect information about you including (without limitation) your full name, date of birth and your address in order to identify you, and to verify your identity when you open an Account.

7.2 You acknowledge that your Account will be blocked for withdrawals, and that you cannot close your Account, until your identity has been verified either by post (using an Account ID Verification Form) or online by providing certified identity documents as requested by us or by verifying your identity in a TAB Venue. If your Account is with UBET QLD (Queensland) or UBET TAS (Tasmania), you acknowledge that you will not be permitted to deposit more than $1,000 into your Account before your identity has been verified in this manner.

7.3 You agree that your Account will be suspended if your identity has not been verified either online or upon receipt of the required identification documentation within 14 days from the day on which the Account was opened.

7.4 You acknowledge that the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) requires us to re-verify your identity from time to time. We reserve the right to block withdrawals, suspend or close your Account if we cannot re-verify your identity from time to time.

7.5 You acknowledge that your Account will only be reinstated, or the withdrawal block lifted, within a reasonable period of time after we have been able to verify (or re-verify) your identity either online or upon receipt of the required identification documentation. . If your Account is with UBET QLD (Queensland) or UBET TAS (Tasmania) and your identity has not been verified one year from the date of opening your Account, you acknowledge that at that time, we must close your Account and pay any balance in the Account to the relevant state regulatory body, as required by law.

7.6 Without limiting clause 22, where TAB:

(a) detects unusual behaviour on your Account, and/or

(b) considers that either you or your Account transaction history may represent a risk to TAB's business, and/or

(c) suspects that funds in your Account may be derived from illegal activities; and/or

(d) your conduct or your Account transaction history constitutes a breach of the applicable Betting Rules and/or gives rise to an integrity concern,

TAB may:

(e) request further information from you including (without limitation) to further verify your identity and source of funds (e.g. your credit card or bank statement);

(f) suspend your Account or the ability to withdraw funds from your Account at any time with or without prior notice to you; and/or

(g) close your Account(s) permanently with or without prior notice to you.

7.7 You agree that in order to assist us to make this assessment, we may, in line with our Privacy Policy, disclose your personal information to Third Parties, such as, but not limited to, law enforcement agencies, both in Australia and overseas, to the organisations that assist us to verify or re-verify your identity (including credit reporting agencies) and "World-Check" screening services.

 


Part B - Using your Account


8 Only you may use your Account

8.1 Only you may transact on your Account. By opening an Account, you warrant to us and agree that:

(a) you are the lawful owner of any funds you deposit into or withdraw from your Account, and you will not deposit into your Account or wager any funds that are derived from illegal activities;

(b) you will not use or transact on your Account on behalf of, under the direction or assistance of, or for the benefit of any other party;

(c) you will not enter in any agreements with any other parties regarding the use of your Account;

(d) you will make every effort to prevent the use of your Account by any Third Party, and you will not allow any other party to access your Account, the Account Channels or transact or purchase Products using your Account; and

(e) you will not disclose your username or password or other verification information to any other person.

8.2 We do not recognise or acknowledge anyone other than you, as Account holder, in relation to the Account or any transactions on it or funds contained in it.

8.3 You will be responsible and liable for any use of your Account and Products purchased through your Account and we have no Liability for any Loss to you or others in this regard and your Account will be charged accordingly for such purchases and any associated fees and charges.

8.4 We will only accept offers to purchase Products from you in an Account opened in your name and where sufficient funds are available in your Account to purchase the Products.

8.5 If we have reasonable grounds to suspect that you have breached any part of this clause 8:

(a) we may suspend or close your Account;

(b) we may cancel or void and dishonour any Product purchases or offers to purchase Products made by you, and we will not be obliged to pay any winnings which might otherwise have been payable to you;

(c) we may retain, or recover from you, the value of any cancelled or voided Product purchases and any winnings paid to you; and

(d) we may report the matter to law enforcement authorities and regulatory bodies.

8.6 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.
 


9 TAB Mobile Application security

If you elect to use a PIN, a fingerprint or facial recognition to login or bet with any TAB Mobile Applications:

(a) you are solely responsible for the PIN, fingerprints or face that are registered to your device;

(b) you acknowledge that every time you use such methods to login or bet with any TAB Mobile Applications on your device, you will be deemed to have provided us with your Account number and password; and

(c) you acknowledge that such security features are features of your mobile device and are not features which are operated or managed by us. You agree that we are not responsible or liable to you in any way for the use by you of these security features or any malfunction or failure of these security features. For further information on the functionality of, or issues with, these security features and the manner in which these security features are used and secured, you should contact your mobile device manufacturer.
 


10 Permitted use

10.1 Your Account has been established solely for the purpose of supply by the Product Supplier of Products to you.

10.2 You may only use funds credited to your Account for the purchase of Products, and not for any other purpose. Your Account 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.

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

10.4 If you are an Unrestricted Member, you may withdraw funds from your Account by any of the services we make available from time to time in the manner shown on tab.com.au and the TAB App, which includes direct credit to your Designated Account.

10.5 If you are a Restricted Member you cannot withdraw funds from your Account.
 


11 Unlawful and non-permitted use

11.1 Use of your Account in violation of any Federal, State or Local laws is prohibited.

11.2 If we become aware or reasonably believe that you have been unlawfully using your Account, you acknowledge that we may report such belief to one or more government agencies, including law enforcement agencies without prior notice to you.

11.3 Use of the Account Channels is subject to a condition of reasonable use. You may only use the Account Channels and the material on them for personal use.

11.4 You must not use the Account Channels:

(a) to re-publish or create a derivative work of the wagering data published on the Account Channels from time to time, without the prior written consent from us; or

(b) in a way that is likely to cause damage to the Account Channels, including by intentionally slowing down the operation of the Account Channels for other users, for example by making excessive hits on a TAB Website. Reproduction of the Account Channels and the works contained on them, including by screen scraping, is strictly prohibited. All rights are reserved.
 

 


12 Lost or stolen card

12.1 You agree to notify us, as soon as practical, if you lose or have your Account card(s) stolen. Upon notification of any lost or stolen Account card(s), we will:

(a) invalidate your lost or stolen card; and

(b) issue you with a new card.

12.2 You agree that until such time as you have notified us of your lost or stolen card, and/or unauthorised use of your PIN/password or (if relevant) fingerprints or facial recognition, to access or use your Account, we will assume that all Account activity has been conducted by you, and, therefore, you will bear any losses suffered due to such unauthorised use.

 


Part C - Responsible Gambling


13 Responsible gambling

13.1 We are committed to responsible gambling. More information about the tools available to support responsible gambling is provided on the Account Channels or by contacting us by any means including those in clause 44.

13.2 As part of our ongoing commitment to responsible gambling, we engage in Player Tracking to assist us in providing support to customers who may be experiencing problems with their gambling. By creating an Account with us, you consent to us using your Account Data as part of these activities.

13.3 As part of our commitments under this clause 13, we may in our discretion temporarily or permanently close your Account immediately 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 Account to you in accordance with clause 23.

13.4 We are not responsible for any failure by our TAB operators to identify that you have a problem with responsible gambling and are not liable for any bets that you are able to place. This includes, but is not limited to, bets placed over the Internet.
 


14 Self-exclusion

14.1 You may self-exclude (also known as "barring" in SA) from purchasing any Products through the Account Channels. The process for self-exclusion and terms and conditions which apply to self-exclusion can be found at https://responsiblegambling.tab.com.au/help or the TAB App.

14.2 During any period of self-exclusion you:

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

(b) must not use your Account from which you have been excluded under false pretences or using false information; and

(c) authorise us during the period of self-exclusion to take such action as we deem necessary to prevent your use of the Account Channels or of your Account.
 


15 Deposit Limit and Spend Limit set by you

15.1 You may set or opt out of setting a Deposit Limit for the amount of money that you can deposit into your Account.

15.2 You may set a Deposit Limit for each day, each week, each fortnight or every 28 days by:

(a) visiting www.tab.com.au or the TAB App using your Account; and

(b) phoning Customer Support.

15.3 If you are a NT, SA, QLD or TAS Account Holder, you may set or opt out of setting a Spend Limit for bets that can be purchased through the Account Channels.

15.4 If you set a Spend Limit and you use a Bonus Bet to place a bet, the value of the Bonus Bet will count towards your Spend Limit.

15.5 You may set a Spend Limit per day, per week or per month by:

(a) visiting www.tab.com.au or the TAB App using your Account; and

(b) phoning customer support.

15.6 If you request to set a Deposit Limit or Spend Limit, the nominated limit will be imposed with immediate effect.

15.7 You agree that you will not attempt to exceed any Deposit Limit or Spend Limit.

15.8 We are not liable to you in any form for your inability to make any bets using your Account that would exceed your Deposit Limit or Spend Limit.

15.9 A Deposit Limit or Spend Limit will remain in place until you give us notice that you wish to revoke or change your Deposit Limit or Spend Limit. If you give us such a notice and we accept your notice (acting reasonably):

(a) a request to revoke or increase your Deposit Limit or Spend Limit will only take effect after 7 days, starting on the day after we receive the notice; and

(b) a request to decrease your Deposit Limit or Spend Limit will take effect as soon as reasonably practicable after receipt by us of the notice.
 


16 Limits set by us

16.1 We 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). If you believe that the change is detrimental to you, you may close your Account without any fees or charges.
 


17 Minors

17.1 You must not allow a minor to use your Account.

17.2 You must not disclose any of your Account details, and in particular your security details (PIN/password) to any minor. If you use fingerprints or facial recognition to login or bet with any TAB Mobile Application, you must not register the fingerprint or face of a minor to your device.

17.3 If we have a reasonable belief that a minor has used your Account, you acknowledge that we may cancel any such bet and refund the bet to your Account and/or close your Account at our discretion.

17.4 In the event that we become aware or reasonably believe that you have breached any obligation in this clause 17, we reserve the right to immediately suspend your Account until we have fully investigated the possible use of your Account by a minor. We are not liable to you in any form for your inability to place any bets during any period of time during which your Account is suspended.
 


18 Intoxication

18.1 You agree that you must not attempt to open an Account, place any bets or otherwise transact on your Account whilst you are intoxicated or under the influence of drugs and that you are fully liable for your actions and all activity on your Account whilst you are intoxicated and/or under the influence of drugs. In the event that you are able to open an Account or place a bet whilst you are intoxicated and/or under the influence of drugs, then you are responsible for all bets placed and all bets placed will stand.

18.2 We reserve the right to suspend or close your Account, refuse to allow you to open an Account, place a bet over the telephone or in person, either on-course at racetracks or off- course or otherwise transact on your Account, if it is the reasonable opinion of a TAB operator that you are intoxicated and/or under the influence of drugs at the time of doing so. You acknowledge that for your protection, we may suspend your Account for a 24 hour period following any decision that you are intoxicated.

18.3 We are not responsible for any failure by our TAB operators to identify that you are in a state of intoxication and/or under the influence of drugs and is not liable for any bets that you are able to place whilst you are intoxicated and/or under the influence of drugs. This includes, but is not limited to, bets placed over the Internet.
 


19 Mental impairment

19.1 You agree that you must not attempt to open an Account, place any bets using your Account or otherwise attempt to transact on your Account whilst you suffer from a mental impairment and that you are fully liable for your actions and all activity on your Account whilst you are suffering from a mental impairment. In the event that you are able to open an Account or place a bet, then you are responsible for all bets placed and all bets placed will stand.

19.2 We reserve the right to suspend or close your Account, refuse to allow you to open an Account, or place a bet over the telephone or in person, either on-course at racetracks or off- course or otherwise transact on your Account, if it is the reasonable opinion of a TAB operator that you suffer from a mental impairment at the time of doing so.

19.3 We are not responsible for any failure by our TAB operators to identify that you have a mental impairment and is not liable for any bets that you are able to place. This includes, but is not limited to, bets placed over the Internet.
 


20 Threatening behaviour

20.1 We reserve the right to suspend or close your Account, refuse to allow you to open an Account or place a bet over the telephone or in person, either refuse to allow you to use your Account, or in person, either on-course at race tracks or off-course, if it is the reasonable opinion of a TAB operator that you have threatened harm to either the TAB operator, Tabcorp property of any kind, yourself or any other person.

20.2 We reserve the right to refer your threats, including any taped record of any such conversation with a TAB operator, to any applicable government or law enforcement agency.

 


Part D - Account closure


21 Inactive Accounts

21.1 If there have been no transactions on your Account (either by depositing funds into or withdrawing funds (including winnings) from your Account or purchasing Products) for a continuous period of 13 months (Inactivity), we may give you notice that if your Account continues to be Inactive for a further 1 month period immediately following our notice to you, we may deem your Account to be an Inactive Account.

21.2 We will charge your Inactive Account an account maintenance fee of $5.50 per month (including GST) from the time that your Account becomes an Inactive Account and for as long as your Account remains Inactive. This fee represents the reasonable costs incurred by us in maintaining your Account throughout extended periods of inactivity.

21.3 If your Account remains an Inactive Account for 9 months, we may give you notice that if your Account continues to be Inactive for a further 3 months we will close your Account.

21.4 We will endeavour to remit any money held in accounts which have been closed for Inactivity, less applicable costs, fees and charges (refer to clause 30) by electronic transfer to your Designated Account or by cheque made out to you and posted to your residential address. If this is not possible, we will give you notice by post to your last known residential address informing you of the closure of your Account and the remaining balance to be remitted to you. If you cannot be located or do not respond in the time set out in the notice, then the outstanding balance of your Account will be treated as unclaimed money and paid to the relevant State authority in accordance with the legislation governing your Account.
 


22 Closing your Account

22.1 You may suspend your Account or, if you are an Unrestricted Member, you may close your Account, at any time by notifying us and requesting that your Account be suspended or closed, through any of the following means:

(a) calling the Customer Service Team on 131 802;

(b) through the TAB Apps; and

(c) via tab.com.au.

22.2 You must become an Unrestricted Member before you can close your Account.

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

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

(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; or

(c) gives rise to integrity concerns,

then we may immediately (without prior notice to you):

(d) block, suspend or close your Account;

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

(f) withhold payments of any nature and void all your winnings.

22.5 You acknowledge that we have obligations to our employees to provide a safe work environment amongst other legal duties, and so you agree that we may, at our election, close your Account immediately (without prior notice to you) in circumstances where we form the view that you act or have acted unreasonably towards us and/or our agents, in the course of wagering transactions, which conduct, either singular or repeated, includes:

(a) offensive language;

(b) aggressive behaviour;

(c) overt racial remarks;

(d) overt sexual remarks;

(e) harassing remarks;

(f) attempted or actual bullying;

(g) threatening remarks made against us, our property and/or third persons; and

(h) other similarly unacceptable anti-social behaviour.

22.6 As outlined in clause 13.3, you acknowledge that as part of our commitments to responsible gambling, we may in our discretion temporarily or permanently close your Account immediately (without prior notice to you) if we have concerns that you have problems with your gambling.

22.7 If we suspend and/or close your Account, we will use reasonable efforts to notify you via the contact details registered with your Account (either by phone or in writing) and provide you with confirmation of the date your Account was suspended and/or closed and the reason for the suspending and/or closing your Account.

22.8 If you are dissatisfied with our decision to suspend and/or close your Account , you may, within 30 days of the date your Account was suspended and/or closed, request that we reverse our decision. Your request must be made in writing to Customer Support, GPO Box 4168, Sydney, NSW, 2001 and be accompanied by relevant supporting documentation (if applicable). We will act reasonably in reviewing our original decision and will use our reasonable efforts to provide you with a written response within 21 days of receipt of your request.

22.9 Clause 22.8 does not authorise more than one request to be made in relation to any one decision.

22.10 Subject to any regulator direction to the contrary, the outcome of the review will be final.
 


23 Consequences of Account closure or suspension

23.1 While your Account is suspended, you will not be able to:

(a) deposit funds to the suspended Account;

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

(c) withdraw funds from the suspended Account,

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

23.2 Subject to clauses 8.5 and 23.3, if at the time when your Account is closed and you are an Unrestricted Member we will, as soon as reasonably practicable, unless it is unlawful to do so, remit to you the balance of your Account, less applicable costs, fees and charges (refer to clause 30) 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.

23.3 Subject to clause 8.5, if at the time when your Account is 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 Betting Rules and relevant legislation, less applicable costs, fees and charges (refer to clause 30) 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.

23.4 The provisions of clauses 23.2, and 23.3 do not apply where you have closed your Account within 30 days of our notifying you of a change to the Terms and Conditions. Where your Account is 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 Account, 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 Betting Rules and relevant legislation, by electronic transfer to your Designated Account or by cheque made out to you at your residential address, unless otherwise agreed by us.

 


Part E - Your money


24 Our custody of your money

24.1 We may co-mingle with other monies (including those of TAB and our Related Bodies Corporate), or disburse or otherwise deal with in any manner, funds standing to the credit of your Account (from time to time), until you use or withdraw such funds. You are not entitled to any interest or other accretions on, or in respect of, funds standing to the credit of your Account, and we are entitled to retain for our own account any interest or accretions that are earned on, or in respect of, such funds.

24.2 You consent to those funds being invested on short term money markets or in interest bearing accounts.

24.3 We may from time to time impose limitations on your Account. The limitations (if any) are shown on tab.com.au and the TAB App. We will notify you of any or all of the following changes to limitations on deposits to your Account:

(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 Account you must not make deposits which would take the balance of your Account beyond that maximum balance).
 


25 Withdrawals and deposits

25.1 Information regarding how to make withdrawals and deposits from your Account is available on tab.com.au, or by contacting us by any means under clause 44.

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

25.3 You are the only person permitted to deposit funds into or withdraw funds from your Account. Any account used for this purpose must be in your name.
 


26 Withdrawals and deposits at TAB Venues

26.1 Where the functionality is available, we will only permit withdrawals from your Account at TAB Venues on production of your current TAB account card and, if requested to do so, only on the production of a government-issued photographic identification, such as a passport, driver's licence or 18+ card.

26.2 When you deposit or withdraw $10,000 or more from your Account in cash we will require you to produce government-issued photographic identification, such as a passport, driver's licence or 18+ card.
 


27 Deposits by credit card

27.1 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 remove the credit card from your Account or close your Account. Subject to any rights available to you under the law, we will not refund deposits made to your Account by the use of a credit card issued in the name of a Third Party.

(b) Any funds deposited to your Account by credit card, may not be withdrawn until funds have been turned over.

(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 clause 44.

(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.
 


28 Deposits by BPAY

28.1 You may not withdraw any deposits made by BPAY until the deposit amount has been turned over except where you are unable to turn over deposit amounts due to Tabcorp's termination of the wagering services, or otherwise due to Tabcorp's breach of these Terms and Conditions or Tabcorp's negligence.
 


29 Adjustments to your Account balance

29.1 To the extent that we, acting reasonably, determine that you have breached these Terms and Conditions, or that a genuine error or mistake has been made in the course of debiting or crediting your Account (including as a result of an error on the part of us or any of our agents), we may adjust your Account balance to the extent necessary to address the breach, error or mistake (as applicable).

29.2 In the event that funds are credited to your Account 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.

29.3 We will use reasonable efforts to notify you via the contact details registered with your Account (either by phone or in writing) and provide you with confirmation of the date the adjustment was made, the reason for the adjustment, and the amount that was adjusted.

29.4 If you are dissatisfied with our decision to make an adjustment to your Account, you may, within 30 days of the date the adjustment was made request that we review our decision. Your request must be made in writing to the Accounts Administration Manager, GPO Box 4168, Sydney, NSW, 2001 and be accompanied by relevant supporting documentation (if applicable). We will act reasonably in reviewing the original decision and will use reasonable efforts to provide you with a written response within 21 days of receipt of your request.

29.5 Clause 29.4 does not authorise more than one request to be made in relation to any one decision.

29.6 Subject to any regulator direction to the contrary, the outcome of the review will be final.

29.7 In the event that your Account is to be adjusted by way of a debit from your Account, but your Account balance at the relevant time is less than the amount required to be debited, we reserve our rights to recover the balance of the monies from you, including, without limitation, by making a claim in writing for such a debt, or by way of a further adjustment or adjustments to your Account, in any number of instalments, provided that notice of any future adjustment or adjustments is provided in accordance with clause 29.4.
 


30 Fees and debt recovery

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

30.2 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 Account, 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;

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

(d) in transferring funds to you from your Account; or

(e) otherwise in respect of the Terms and Conditions, and you hereby authorise us to effect such recovery by:

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

(ii) debiting your Account by the relevant amount, subject to any limitation imposed by law.

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


31 Commissions

31.1 We may from time to time pay a commission to other persons in respect of the opening of, or bets placed on, your Account (including if you have entered a TAB Website by clicking through from another website (on this or a previous occasion)). You acknowledge and assent to this commission being paid.


32 Costs

32.1 Any costs associated with your use of your Account in any manner contemplated by these Terms and Conditions, including any applicable taxes, insurance, and other ancillary costs are your responsibility.

32.2 We encourage you to seek independent financial and tax advice about any implications (including tax implications) that may arise prior to transacting on your Account.

 


Part F - Betting


33 Products only available with registration

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

33.2 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.

33.3 If particular types or styles of Products are unavailable for purchase or if particular Account Channels 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 Account Channels are operational.


34 Right to refuse bets

34.1 We may, at our discretion and without giving notice or reasons, refuse a proposed bet.


35 Right to cancel bets

35.1 Subject to any relevant provisions in the Legislation and Betting Rules, totalisator and fixed price bets cannot be cancelled by you once they have been confirmed by you, recorded on our computer system and accepted by us.


36 Right to change operating method

36.1 We reserve the right to change the method of operating our betting systems or method of receiving or accepting bets at any time. Where practicable, we will try and tell you about any changes beforehand, such as through the Account Channels.


37 Check your bets

37.1 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.


38 Records conclusive evidence

38.1 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.


39 Bets must be received before deadline

39.1 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 tab.com.au.


40 Telephone bets

40.1 Telephone bets may be made by:

(a) Operator Assist - the operator call back of any telephone investment will be final and will serve as your receipt for the transaction. You accept full liability for any discrepancies not corrected during the call back. We will not be responsible for lost dividends due to errors not corrected at the call back stage. A bet may be corrected, meaning that a replacement bet will be made, but a bet cannot be cancelled due to errors not corrected at call back. A request to correct a bet must be made during the same telephone call in which the bet was placed and in a timely manner. We may not correct any such bet if the bet in question is placed and then followed by a number of other bets prior to correction.

(b) Touchtone - by pressing '1' to confirm your bet details you agree to accept the call back as your receipt and, as such, no correction will be accepted.

(c) Speech Express - by saying "yes" you agree to accept the call back as your receipt. Your bet has not been accepted until you hear the words "bet sold".

40.2 We will not cancel bets placed using Speech Express and Touchtone once they have been confirmed and accepted.

40.3 You acknowledge that all telephone calls made to Operator Assist, Touchtone, Speech Express and to Tabcorp Customer Service are recorded for regulatory, quality and verification purposes.

40.4 We may set, or change, a minimum amount for bets made by Operator Assist by publishing the minimum amount on tab.com.au at any time. We may refuse to accept a bet which you attempt to place using Operator Assist if the bet is below the applicable minimum amount.


41 Bets encountering computer error

41.1 In circumstances where you have commenced making an offer to purchase which cannot be completed for any reason (eg, as a result of a failure or break in your connection to the internet or in the connection between you and the Account Channels or between the Account Channels 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.

41.2 If the Account Channels 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 Account.

41.3 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.


42 Check and Collect

If you elect to use the "Check and Collect" feature within the TAB App:

(a) you acknowledge that the Check and Collect feature is available to be used by:

(i) our customers (including Account holders) who have placed a bet with TAB, hold a ticket, and wish to check the status of that ticket (the "Check" part of the feature); and

(ii) Account holders who wish to credit any refund or dividend associated with a ticket to their Account (the "Collect" part of the feature);

(b) you acknowledge that you are not to use, and it is a breach of these Terms and Conditions should you use, the Check and Collect feature to:

(i) check on the status of any ticket that relates to a bet that was not placed by you; or

(ii) credit any refund or dividend associated with a ticket that relates to a bet that was not placed by you.

(c) you acknowledge and agree that, when using the feature, you are responsible for ensuring that any refund or dividend associated with the ticket that you are entitled to has properly credited to your Account prior to you disposing of, destroying, or otherwise parting with the ticket;

(d) you acknowledge that you will not use or attempt to use the Check and Collect feature in a manner that:

(i) contravenes clause 42(b); or

(ii) tampers with or interferes with the feature; or

(iii) intentionally seeks to manipulate the use of the feature to deliver a particular outcome;

(e) you acknowledge that you will not be able to credit any refund or dividend associated with a ticket to your Account if it exceeds your Deposit Limit; and

(f) you acknowledge that we may suspend your use of the Check and Collect feature (and may suspend or terminate the operation of your Account generally) and/or make adjustments to your Account in accordance with these Terms and Conditions where we, acting reasonably, determine that clause 42(b) applies or otherwise become aware of or reasonably suspect that your use of the Check and Collect feature might be fraudulent or gives rise to integrity concerns.

 


Part G - General


43 Variation

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

(a) getting your consent; or

(b) complying with this clause 43.

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

43.2 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.

43.3 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 Account via tab.com.au or the TAB App, 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 Account);

(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.

43.4 If you are an Unrestricted Member and consider that any change to the Terms and Conditions is detrimental to you, you may close your Account during the 30 day notice period without any fees or charges.
 


44 Notices

44.1 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 clause 43;

(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 through the Account Channels.

44.2 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 through the Account Channels, it is taken to be received by you at the time the information is made available on the Account Channels.

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

44.4 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) calling the Customer Service Team on 131 802;

(b) through the Account Channels (where available).


45 Limitation of liability

45.1 Nothing in these Terms and Conditions affects your rights under the Australian Consumer Law or any other applicable Australian law that cannot be excluded, restricted or modified by agreement. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.

45.2 Subject to clause 45.1 we, our Related Bodies Corporate and our employees, officers and agents and those of our Related Bodies Corporate are not responsible for, or liable to, you or any other person for any Loss, Claim or Liability by reason of any act or omission, deliberate or negligent, by any of them, in connection with your Account, your use of the Products or Account Channels, 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.

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

(a) arising directly or indirectly out of your use of your Account, the Products or the Account Channels and any content on the Account Channels; 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 Account Channels), except for any Loss, Claim or Liability which results directly from our negligence or wilful misconduct or that of our officers, employees or agents.

45.4 Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.


46 Accessibility and operation of Account Channels

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

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

46.3 From time to time, certain Account Channels 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.

46.4 We cannot and do not guarantee that files available for downloading from any Account Channels 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.

46.5 Intellectual property does or may subsist in or relate to the content in the Account Channels, 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 the Account Channels and by accessing and using the Account Channels, you acknowledge such ownership and/or licence.

46.6 No data, file, graphics, images, results or other content in the Account Channels, including content downloaded from the Account Channels and material you may receive in connection with the Account Channels, 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.
 


47 Governing law

47.1 Subject to clause 85, in the case of an Account held with:

(a) TAB ACT, the laws of the ACT govern these Terms and Conditions and you submit to the jurisdiction of the courts of the ACT;

(b) NSW TAB, the laws of NSW govern these Terms and Conditions and you submit to the jurisdiction of the courts of NSW;

(c) VIC TAB, the laws of Victoria govern these Terms and Conditions and you submit to the jurisdiction of the courts of Victoria;

(d) UBET QLD, the laws of Queensland govern these Terms and Conditions and you submit to the jurisdiction of the courts of Queensland;

(e) UBET SA, the laws of South Australia govern these Terms and Conditions and you submit to the jurisdiction of the courts of South Australia;

(f) UBET NT, 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

(g) UBET TAS, the laws of Tasmania govern these Terms and Conditions and you submit to the jurisdiction of the courts of Tasmania.

47.2 You agree not to seek to stay or terminate any proceedings brought in the relevant jurisdiction set out in clause 47.1 on the grounds that the forum is not convenient or is less appropriate than some other forum.
 


48 Prohibited Jurisdictions

48.1 Residents of, or persons located in any country other than Australia and New Zealand (and any other jurisdiction agreed between us (at our absolute discretion) and you on a case-by-case basis) (Prohibited Jurisdictions), are not permitted to open, access, bet through or deposit into or withdraw funds from any Account, or otherwise transact with us in any manner contemplated by these Terms and Conditions.

48.2 We reserve the right to reject, at our sole discretion, any wagers, withdrawals, deposits or transactions made on an Account from any Prohibited Jurisdiction for any reason.

48.3 You agree that you will not:

(a) access, bet through, deposit into or withdraw funds from, or otherwise transact using your Account while residing or located in a Prohibited Jurisdiction; or

(b) deposit into or withdraw funds from, or request a withdrawal from your Account, either from or to an account or facility associated with a bank or any similar institution, in any Prohibited Jurisdiction, by any means, including, but not limited to, use of debit/credit card or internet banking.


49 Excluded jurisdictions

49.1 In certain circumstances, in order for us to comply with the specific regulatory regimes, residents of certain Australian States and Territories may be ineligible to participate in certain offers, Products, Promos (see Part I) or Cash Out (see Part J). Any such restriction will be specified in the terms of the relevant offer, Promo or Cash Out functionality as appropriate.
 


50 Currency

50.1 All Account transactions will be in Australian dollars only, unless otherwise agreed by us in writing.
 


51 Assignment

51.1 We may assign our rights and obligations under these Terms and Conditions to a Third Party or 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 Account without being liable to pay any fees or charges to us.
 


52 Waiver

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


53 Cross-references

53.1 There are clauses in these Terms and Conditions which cross reference or link to information on the Account Channels. 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.


Part H - Vision


54 Access to Vision

54.1 Through your Account, we may grant you a non-exclusive, non-transferable, revokable right to access audio-visual communications of racing, sporting and other events streamed over the internet or otherwise to certain internet-connected devices (Vision).

54.2 This right is granted solely in connection with, and limited to the terms of, the use of your Account. We may grant such rights unconditionally or conditionally (for example, requiring you to meet certain thresholds prior to allowing access to the Vision) and reserve the right to charge a fee for any or all of the Vision.

54.3 Your right to access Vision may be suspended or terminated (as applicable) automatically upon suspension or closure of your Account or a failure to continue to satisfy any applicable thresholds or conditions of access to the Vision.

54.4 You are responsible for:

(a) ensuring you have sufficient connection to the internet or a telecommunications network to gain access to and to continue to access the Vision;

(b) any communication or access costs that may be charged by any Third Party (for example data charges from your internet or telecommunications service provider) in gaining access to and continuing to access the Vision; and

(c) ensuring you have all relevant hardware and software necessary to access the Vision.

54.5 The Vision is exempt from Parts 3 and 4 of the Broadcasting Services (Online Content Service Provider Rules) 2018. In addition to the restrictions on your use of the Vision set out in this Part H, the Vision is only for customers aged 18 years or over, and you must take all reasonable steps to prevent a person under the age of 18 years from viewing the Vision.
 


55 Vision - personal information

55.1 You acknowledge and agree that if you access Vision of a third party content provider (TPCP) through your Account, we may disclose personal information regarding you to each relevant TPCP including your name, address, date of birth, email address and phone number. You consent to us disclosing such information to each relevant TPCP and you further consent to each relevant TPCP using such information for the purposes detailed in the privacy policy of the TPCP, specified in the TPCP Terms, which may include each relevant TPCP using your personal information for the purpose of sending you information, including promotional material, about the TPCP, or the products and services of the TPCP.
 


56 Vision - Third Party rights

56.1 You acknowledge that the Vision is provided to us by certain TPCPs and that each TPCP may have their own terms and Conditions applicable to your access to the Vision.

56.2 You acknowledge that by accessing the Vision you:

(a) accept the relevant TPCP Terms; and

(b) will be subject to the relevant TPCP Terms.

56.3 To the extent that any TPCP Terms are inconsistent with these Terms and Conditions or any applicable Betting Rules, these Terms and Conditions and/or the Betting Rules will prevail.


57 Vision - restrictions on use

57.1 You agree to only use the Vision in compliance with all applicable laws and regulations.

57.2 Unless otherwise agreed with us in writing, the grant of rights in relation to Vision under these Terms and Conditions is limited to Australia and you must not access any Vision when you are located outside of Australia.

57.3 The Vision may only be used by you in a personal capacity in association with the use of your Account. Any other use of the Vision is expressly prohibited. In particular, you may not sub-licence, distribute, commercially exploit or otherwise make the Vision available to Third Parties, broadcast (or attempt to broadcast) the Vision or allow any Third Party to otherwise access the Vision (this includes transmitting or communicating the Vision to any other device, such as a television or IPTV).

57.4 You must not copy store, record, transcribe, reproduce or relay the Vision in any medium or modify or alter the Vision in any way.

57.5 The Vision may be subject to technical, screen size, quality, permitted device or other similar restrictions. You must not circumvent or attempt to circumvent any such restrictions.

57.6 All intellectual property rights including (without limitation) copyright in relation to the Vision remain with us and/or the relevant TPCP (as applicable). Specific provisions regarding ownership of intellectual property rights in the Vision are included in the TPCP Terms.

57.7 If you breach any term of this clause 57, we may close your Account and terminate your access to the Account Channels.


58 Vision - no reliance

58.1 You use and rely upon the Vision at your own risk.

58.2 We make no representations or warranties regarding the availability, accuracy or completeness of the Vision.

58.3 Unless otherwise specified, we will endeavour to deliver the Vision on a live basis (meaning as close to live as we and the TPCP can technically deliver the Vision), however we make no representations or warranties regarding the Vision being delivered on a live basis or otherwise.

58.4 We source the Vision from various TPCP and as a result have limited or no control over the image and sound quality of the Vision. You acknowledge and accept that the image and sound quality of the Vision may vary from time to time, whether due to congestion on the internet or telephone lines or otherwise and we make no warranty or representation as to the quality of the Vision.

58.5 You expressly acknowledge and agree that we do not control the content of the Vision and that you will not hold us liable for any defamatory or otherwise offensive comments or behaviour that forms part of the Vision from time to time.

58.6 Neither we nor the applicable TPCP, will have any Liability to you to the extent that it is prevented from or delayed in delivering any Vision as a result of any act, event or cause beyond our or the applicable TPCP's reasonable control.


Part I - Promos


59 Promos

59.1 The provisions in this Part I set out the terms and conditions that apply to all of our Promos, includingCompetitions,Cash Back and Bonus Bet offers. When you:

(a) place a Promo Bet;

(b) enter a Promo Code into a Transaction Point;

(c) participate in a Competition;

(d) receive a Promo Benefit, through a Promo Bet, Promo Deposit,Competition, Allocation or otherwise; or

(e) place a bet using a Bonus Bet,

you accept the terms and conditions in this Part I and the applicable Betting Rules.

59.2 For the avoidance of doubt:

(a) without limiting the operation of clause 62.4, the Promo Benefit programs operated by each Product Supplier are separate;

(b) without limiting the operation of clause 62.4, Promo Benefits are issued and dealt with separately by each Product Supplier;

(c) Promo Benefits issued by one Product Supplier cannot be used with any of the other Product Suppliers,

and this Part I is to be interpreted accordingly.
 


60 Promo - Eligible Participant

60.1 For the purposes of this Part I an Eligible Participant is an individual who, as we determine at our discretion:

(a) is an Australian resident;

(b) is at least 18 years old;

(c) has an Account;

(d) is a Recreational Gambler;

(e) is not an Excluded Customer;

(f) is permitted under their applicable State or Territory laws to participate in the Promo; and

(g) has satisfied the applicable Promo terms and conditions.
 


61 Receiving Promos

61.1 There are various ways that a Promo Benefit may be received and added to an Eligible Participant's Account or awarded directly to an Eligible Participant , these include:

(a) by the Eligible Participant placing the required bet, the bet resulting and the result of the bet matching the criteria for the Promo, if any (Promo Bet);

(b) by the Eligible Participant entering a Promo Code for a Promo at the relevant Transaction Point and depositing the required funds (Promo Deposit);

(c) by the Eligible Participant entering into and receiving a prize as part of a Competition (Competition Prize); and

(d) by us directly allocating a Promo Benefit to the Eligible Participant's Account (Allocation).

61.2 Where a Promo Code is required to be entered, the relevant Promo Code will be communicated to the applicable Eligible Participants by way of a notification under clause 44 (usually by email or SMS). If the required Promo Code for a Promo is not entered at the relevant Transaction Point, an Eligible Participant will not receive a Promo Benefits.

61.3 Each Promo Code and the corresponding Promo Benefit is only available to the Eligible Participant to whom we have offered it and may not be on-forwarded or transferred to, or otherwise taken up by, any other person.

61.4 An Eligible Participant will only be entitled to a Promo Benefit in relation to a Promo Bet at the time that the Promo Bet (or all legs of the Promo Bet, in the case of a multi-leg Promo Bet) has resulted. The cancellation or refund (partial or full, including by way of abandonment) of a Promo Bet (or one or more legs of a multi-leg Promo Bet) will result in the Promo Benefit not being issued to the Eligible Participant if the Eligible Participant fails to satisfy the criteria specified in the Promo for the allotment of that Promo Benefit as a result of the cancellation or refund. For example:

(a) if a Promo required an Eligible Participant to achieve a winning or losing Promo Bet, this criterion could not be satisfied if the Promo Bet was cancelled or refunded;

(b) if a Promo required an Eligible Participant to place a particular bet type (without requiring any particular result), this criterion could not be satisfied if the Promo Bet was cancelled or refunded;

(c) if a Promo required an Eligible Participant to place a three leg or more multi Promo Bet, this criterion could not be satisfied if a three leg multi bet was placed but one or more legs was cancelled or refunded; and

(d) if a Promo required an Eligible Participant to place a three or more leg multi Promo Bet and one of the legs had to be in a particular market, this criterion could not be satisfied if a three or more leg multi bet was placed but the leg in relation to the particular market was cancelled or refunded.

61.5 The value of the Promo Benefit will always be a whole dollar amount. In the event that the application of the relevant Promo Terms and Conditions results in a non-whole dollar amount, the amount will be rounded down to the next whole dollar. For example:

(a) if the Promo is for the issue of a Promo Benefit equal to 50% of the value of the stake of a Promo Bet and the Promo Bet stake is $75, the value of the Promo Benefit will be $37 (after rounding down from $37.50); and

(b) if the Promo is for the issue of a Promo Benefit equal to 25% of the winnings from a Promo Bet, and the Promo Bet returns winnings of $103, the value of the Promo Benefit will be $25 (after rounding down from $25.75).

 

62 Default Promo Terms and Conditions

62.1 This clause 62 forms part of the terms and conditions applicable to Promos other than Competitions, except to the extent it is inconsistent with the actual Promo Terms and Conditions provided with the relevant Promo.

62.2 If a Promo Bet is required to receive a Promo Benefit:

(a) to receive the Promo Benefit an Eligible Participant must opt in to the relevant Promo either by entering the applicable Promo Code at the appropriate Transaction Point or by placing the relevant bet within the time specified in the relevant Promo Terms and Conditions (unless the Promo is cancelled earlier by us);

(b) the Eligible Participant will only be entitled to the Promo Benefit at the time specified in clause 61.4, provided all criteria for issue of the Promo Benefit set out in the relevant Promo Terms and Conditions are still satisfied at that time;

(c) unless specified otherwise, the Promo Bet must be a single bet, (multi and Super Multi bets are not valid Promo Bets); and

(d) unless specified otherwise, the Promo Bet cannot be an each way bet.

62.3 If a Promo Deposit is required to receive a Promo Benefit, to receive the Promo Benefit an Eligible Participant must opt in to the relevant Promo by entering the applicable Promo Code at the appropriate Transaction Point and depositing the relevant funds into their Account within the time specified in the relevant Promo Terms and Conditions (unless the Promo is cancelled earlier by us).

62.4 Unless otherwise specified in the Promo Terms and Conditions, each Eligible Participant is only entitled to receive one Promo Benefit for the first Promo Bet which satisfies the relevant criteria outlined in clause 61.1 per Promo, irrespective of the number of Promo Bets placed with their Account.

62.5 Where the amount of the Promo Benefit is dependent on the stake of, or winnings from, a Promo Bet, this means the stake of, or winnings from, the particular Promo Bet after any refund or cancellation (if any) has been applied and taking into account the rounding principles in clause 61.5.

62.6 We will endeavour to allocate the applicable Promo Benefit to the Eligible Participant's Account within 2 business days of the Eligible Participant becoming entitled to the Promo Benefit (whether by a Promo Bet, Promo Deposit or otherwise).

62.7 A Promo Code cannot be used in conjunction with any other offer, promotion or Promo Benefit and can only be used by the original intended recipient.

62.8 A Promo can be cancelled at any time at our discretion.
 


63 Fair play

A Promo Benefit may not be awarded and/or may be cancelled in any one or more of the following circumstances:

(a) a particular Promo Code has been entered into multiple Accounts in the name of the same Eligible Participant;

(b) a particular Promo Code has been entered into multiple Accounts that have been accessed from the same location, computer, device or IP address;

(c) a particular Promo Code has been entered into multiple Accounts belonging to the same family and/or household;

(d) a particular Promo Code has been entered into multiple Accounts sharing a common contact detail or identifier including household address, email address, telephone number, credit/debit card number; and

(e) where we have a reasonable suspicion that two or more Eligible Participants have acted in collusion by entering a particular Promo Code, using a Promo Benefit.

63.2 Promo Benefits are intended for use by Recreational Gamblers only. We reserve the right to exclude from participation in Competitions, refuse to award a Promo Benefit to, or remove a Promo Benefit from, any Eligible Participant or their Account if we have a reasonable belief that the Eligible Participant is not a Recreational Gambler.

63.3 If we make a decision to exclude from participation in Competitions, refuse to award a Promo Benefit to, or remove a Promo Benefit from, an Eligible Participant pursuant to clause 63.2, we will advise the Eligible Participant in writing of our decision. The Eligible Participant will have 14 days to request that we conduct a review of the decision. Requests must:

(a) be made:

(i) by lodging a request via our Help Centre

(ii) contacting Customer Support on 131 802; or

(iii) writing to us at Locked Bag 7000, Granville, 2142, NSW; and

(b) specify the reasons why TAB should reverse its decision.

(c) A review requested under 63.3 will be conducted by someone other than the person who made the original determination. Subject to any regulator direction to the contrary, our decision following the review will be deemed final.

 


64 Excluded jurisdictions

64.1 In certain circumstances, in order for us to comply with the specific regulatory regimes, residents of certain Australian States and/or Territories (such as NSW, Queensland, South Australia, Victoria and/or Western Australia) may be ineligible to participate in a Promo. Please check the Promo Terms and Conditions applicable to each Promo to see whether these or other restrictions apply.
 


65 Bonus Bets

65.1 A Promo Benefit may take the form of a Bonus Bet. A Bonus Bet is a token which we may allocate to an Eligible Participant , and/or add to an Eligible Participant's Available Token List , as part of a Promo.

65.2 Each Eligible Participant who is allocated a Bonus Bet will be granted the right, but no obligation, to, subject to certain terms and conditions, place a bet of value equal to the Bonus Bet Stake by using the Bonus Bet.

65.3 Subject to clause 65.4, we may at our absolute discretion, permit a Bonus Bet to be split into multiple Bonus Bets.

65.4 A Bonus Bet can be split into a maximum of 5 separate Bonus Bets, provided that:

(a) the initial Bonus Bet is at least $2.00 in value;

(b) the initial Bonus Bet is divided into two, three, four or five equal parts;

(c) each resulting Bonus Bet is a multiple of $0.50; and

(d) the smallest value for a divided Bonus Bet is $1 (ie $2 Bonus Bet split into two $1 Bonus Bets)

For example, a $120 Bonus Bet may, at our absolute discretion, be split into five $24 Bonus Bets, four $30 Bonus Bets, three $40 Bonus Bets or two $60 Bonus Bets.

65.5 There are additional terms and conditions set out below that apply to Bonus Bets. You should read these terms and conditions carefully.
 


66 Default Bonus Bet Terms and Conditions

66.1 This clause 66 forms part of the terms and conditions applicable to Bonus Bets, except to the extent it is inconsistent with the terms and conditions provided with the particular Bonus Bet.

66.2 A Bonus Bet can only be used to place one bet of value equal to the Bonus Bet Stake.

66.3 The use of Bonus Bets may be restricted for use towards a specific bet type, promotion, event or channel at our absolute discretion.

66.4 All Bonus Bets are subject to Stake Return (see clause 70).

66.5 Bonus Bets that relate to a specific bet type(s) cannot be used to place a bet on any other bet type.

66.6 Bonus Bets that are subject to specific criteria (such as a particular race(s), event(s) or odds) cannot be used to place a bet which does not satisfy that criteria.

66.7 Bonus Bets that relate to a specific Activated Channel cannot be used to place a bet through any other channel.

66.8 A Bonus Bet may not be used in conjunction with any other offer or Promo.

66.9 Bonus Bets are not transferable or redeemable for cash.

66.10 If a Bonus Bet is not used by its Expiry Date, the Bonus Bet will expire and be moved from the Eligible Participant's Available Token List to the Expired Token List without compensation.

66.11 Bets placed using a Bonus Bet will not accrue any loyalty points under any loyalty program operated by TAB.


67 Bonus Bets - storage and expiry

67.1 Once a Bonus Bet is allocated to an Eligible Participant's Available Token List, it will remain there until the earlier of the:

(a) 'Expiry Date ' of the Bonus Bet, being the earlier of:

(i) the date specified in the Promo Terms and Conditions or, if no date is specified, the date 7 days after the date the Eligible Participant received the Bonus Bet;

(ii) the date the Eligible Participant's Account is closed or cancelled, for any reason, either by the Eligible Participant or by us; or

(iii) any other date notified by us from time to time; or

(iv) when it is used to pay for a bet in accordance with 68, in which case it is automatically moved to the Eligible Participant's Used Token List .

67.2 Any Bonus Bet not used to pay for a bet in accordance with 68 by the end of the day of the Expiry Date automatically expires and is moved to the Eligible Participant's Expired Token List . We will have no further obligations to the Eligible Participant in relation to a Bonus Bet that has expired.

67.3 Any Bonus Bets which are split in accordance with 65.3 will retain the same Expiry Date as the original Bonus Bet from which it was split.


68 Bonus Bets - use

68.1 A Bonus Bet entitles an Eligible Participant to make one bet of value equal to the Bonus Bet Stake and can be used to pay for a bet in the manner set out below.

68.2 When an Eligible Participant attempts to place a bet as part of a Bet Builder:

(a) from within their Account using an Activated Channel (including tab.com.au, the TAB iPhone or iPad App or the TAB Android App); and

(b) if they have a Bonus Bet that is applicable to the relevant bet and the form of Activated Channel which they are attempting to use; and

(c) if they have not already allocated a Bonus Bet or Promo Code to any bet in the Bet Builder,

the available Bonus Bets will appear for that bet in theBet Builder, from which the Eligible Participant may select any one of his or her applicable Bonus Bets as a method of payment for the relevant bet.

68.3 The available Bonus Bets will not contain all Bonus Bets in the Eligible Participant's Available Token List , but rather only the Bonus Bets that are applicable for the type of bet that the Eligible Participant is attempting to place and for the form of Activated Channel that the Eligible Participant is using.

68.4 No Bonus Bets will be available where an Eligible Participant attempts to place a bet:

(a) from within their Account using a channel other than an Activated Channel;

(b) from within their Account using an Activated Channel, if they do not have any applicable Bonus Bets for that:

(i) particular bet (for example, if an Eligible Participant only has a Bonus Bet for a racing bet and they are attempting to place a non-racing bet); and/or

(ii) particular Activated Channel (for example, if an Eligible Participant only has a Bonus Bet for use on the iPad App and they are attempting to place a bet on tab.com.au); or

(c) where they have already allocated a Bonus Bet or Promo Code to any bet within the Bet Builder.

68.5 Once the Eligible Participant has selected an applicableBonus Bet from the availableBonus Bets within theBet Builder, if the Eligible Participant wishes to proceed with the bet, they will need to confirm and submit the bet.

68.6 Upon submitting the bet within the Bet Builder :

(a) we will instantaneously exchange the relevant Bonus Bet for funds to the value of the Bonus Bet Stake and in doing so we will credit the relevant Eligible Participant's Account with funds to the value of the Bonus Bet Stake;

(b) if the bet is accepted, the bet will then be paid for using the funds credited to the relevant Account by us; and

(c) such funds will then be allocated to the relevant totalizator pool or fixed odds book (as applicable).

68.7 Until a bet is placed and a Bonus Bet has been exchanged for funds, the Bonus Bet remains a contractual right which is not otherwise transferable or redeemable for cash.

68.8 If a bet using a Bonus Bet is not accepted, is rejected, or times out, for any reason, the Bonus Bet will be reinstated on the Available Token List as if the bet was never submitted and the funds provided by us pursuant to clause 68.6 will be returned to us by way of adjustment.

68.9 If a bet using a Bonus Bet is cancelled for any reason, the funds provided by us pursuant to 68.6 will be returned to the Eligible Participant's Account and then will be returned to us by way of adjustment.

68.10 If no Bonus Bet is available for a bet, or a Bonus Bet is not selected in the Bet Builder for a bet, and an Eligible Participant submits the bet:

(a) the Eligible Participant's Account funds will be used to submit the bet; or

(b) if there are insufficient funds in the Eligible Participant's Account, the bet will not be able to be submitted.


69 Bonus Bets - Dividends, Payouts and Refunds

69.1 If a bet placed using a Bonus Bet is a losing bet (not a winning or refunded bet), the Eligible Participant will not receive anything back and will have no obligation to pay the Stake Return in accordance with clause 70.

69.2 If a bet placed using a Bonus Bet is a winning and/or refunded (including by way of abandonment) bet, we will pay the Eligible Participant the relevant Dividend or Payout and Refund (as applicable) to the Eligible Participant's Account in accordance with the applicable Betting Rules and subsequently the Stake Return will be paid by the Eligible Participant to us in accordance with clause 70.

69.3 Payment under clause 69.2 will be made to the withdrawable balance of the Eligible Participant's Account and any funds remaining after payment of the Stake Return in accordance with clause 70 may be utilised by the Eligible Participant at their sole discretion (including by withdrawing the funds) subject to any applicable requirements in these Terms and Conditions.
 


70 Bonus Bet - Stake Return

70.1 If an Eligible Participant places a bet using a Bonus Bet and the bet is a winning bet and/or is refunded (including by way of abandonment), the Eligible Participant must repay us the "Stake Return" calculated in accordance with clause 70.2 from the winning Dividend or Payout and Refund (as applicable) that is paid to the Eligible Participant's Account.

70.2 The value of the Stake Return is:

(a) the Bonus Bet Stake, if the value of the relevant winning Dividend or Payout and Refund (as applicable) is equal to or greater than the Bonus Bet Stake; or

(b) the value of the relevant Dividend or Payout and Refund (as applicable), if the value of the relevant winning Dividend or Payout and Refund (as applicable) is less than the Bonus Bet Stake.

70.3 In the event that clause 70.2(b) applies, the Eligible Participant will have no further obligation to us in respect of the Bonus Bet Stake, despite the Stake Return being less than the Bonus Bet Stake.

70.4 Upon a winning Dividend or Payout and Refund (as applicable) being deposited into the Eligible Participant's Account in accordance with the applicable Betting Rules and clause 69.3, we will, by way of a separate transaction, promptly process an adjustment to deduct the Stake Return and leave the balance of the winning Dividend or Payout and Refund (as applicable) (if any) (Bonus Bet Funds) in the withdrawable balance of the Eligible Participant's Account which may then be utilised by the Eligible Participant at their sole discretion (including by withdrawing the funds) subject to any applicable requirements in these Terms and Conditions.


71 Deposit Promos

71.1 From time to time, we may offer a Promo whereby certain holders of Accounts will receive a Promo Benefit in return for entering a Promo Code and/or making a deposit or top up of funds in their Account (Deposit Promo).

71.2 Eligible Participants who enter into a Deposit Promo accept and agree that by:

(a) depositing funds into an Account; and

(b) if required, entering a Promo Code at the appropriate Transaction Point for the Deposit Promo at the time of the deposit,

the relevant funds deposited will be subject to any turn over (or use) requirements applicable to the method by which the Eligible Participant deposited the funds, as set out in the applicable Terms and Conditions.


72 Cash Back

72.1 A Promo Benefit may also take the form of a Cash Back.

72.2 Subject to any provision in this Part I, any funds derived from the Cash Back will form part of the withdrawable balance of the Eligible Participant's Account and the funds may be utilized by the Eligible Participant at their sole discretion (including by withdrawing the funds) subject to any applicable requirements in these Terms and Conditions.

 


Part J - Cash Out


73 Cash Out

73.1 Cash Out is a function that allows Eligible Participants to manage their exposure on an Eligible Bet prior to that bet resulting by agreeing to transfer a proportion of the proceeds of that Eligible Bet to COPL once the bet results, in return for an Upfront Payment from COPL, subject to this Part J.

73.2 This Part J should be read in conjunction with the rest of these Terms and Conditions and the Betting Rules relevant to the particular bet.
 


74 Cash Out - Privacy Policy

74.1 When you request a Cash Out offer, you expressly consent to us disclosing your personal information to COPL for the purpose of:

(a) COPL assessing a request to Cash Out an Eligible Bet;

(b) COPL communicating with you customer in relation to a request to Cash Out an Eligible Bet;

(c) COPL recording Cash Out transactions;

(d) COPL advertising to you in relation to the Cash Out functionality; and

(e) other matters ancillary to the matters outlined in this clause 74.
 


75 Cash Out - Eligible Participant

75.1 For the purposes of this Part J, an Eligible Participant is a Member who we determine at our discretion:

(a) is either a resident of an Approved Jurisdiction or is using an Approved Non-Account Channel;

(b) is at least 18 years old;

(c) is a Recreational Gambler;

(d) is not a Restricted Person;

(e) is not an Excluded Customer; and

(f) is not an Ineligible Customer.


76 Cash Out - Eligible Bets

76.1 An Eligible Bet means any eligible fixed odds or Quaddie bet placed with us by an Eligible Participant in accordance with the applicable Betting Rules where the bet has Cash Out functionality enabled at the time a Cash Out offer is requested.

76.2 If a bet is not an Eligible Bet, you will not be able to Cash Out the bet.

76.3 Once an Eligible Bet is Cashed Out (whether partially or fully), it will cease to bean Eligible Bet.

76.4 For the sake of clarity:

(a) not all bets will be Eligible Bets; and

(b) the Cash Out functionality may be suspended at any time in relation to a particular event or bet type, where the Cash Out functionality is suspended, any relevant bet will cease to bean Eligible Bet for the duration of the suspension; and

(c) each Eligible Bet that was eligible for Cash Out will, at some point, cease to be eligible for Cash Out and will therefore cease to be an Eligible Bet. For example a single leg bet on an event will cease to be an Eligible Bet once that event concludes.
 


77 Cash Out - Requesting an offer

77.1 In relation to Eligible Bets placed though an Account Channel prior to the commencement of all events or races which comprise the Eligible Bet, the Eligible Participant who placed the bet may request a Cash Out offer in relation to that Eligible Bet, via the same Account using an Approved Account Channel (currently limited to www.tab.com.au and the TAB App).

77.2 In relation to Eligible Bets placed though an Account Channel after any event or race which comprises the Eligible Bet has commenced, the Eligible Participant who placed the bet may request a Cash Out offer in relation to that Eligible Bet, via the same Account using an Approved Live Account Channel (currently limited to telephone services).

77.3 In relation to Eligible Bets placed via a Non-Account Channel, the Eligible Participant who placed the bet may request a Cash Out offer in relation to that Eligible Bet using an Approved Non-Account Channel (currently limited to selected self-service retail terminals), provided:

(a) the Eligible Participant continues to hold the relevant ticket for the Eligible Bet and the relevant ticket can be read by an Approved Non-Account Channel; and

(b) where the value of the Eligible Bet or Cash Out offer is above certain thresholds, the Eligible Participant has verified the relevant ticket at the operator window at the retail outlet.

See www.tab.com.au for a guide on how to request and accept a Cash Out offer.


78 Cash Out - Offers are subject to change

78.1 The odds of any particular outcome may change rapidly and as a result each Cash Out offer is subject to change. Upon the value of a Cash Out offer changing, any Cash Out offer made but not yet accepted will immediately expire.

78.2 If an Eligible Participant attempts to accept a Cash Out offer that has changed prior to COPL's receipt of the relevant Eligible Participant's acceptance of that Cash Out offer, that Cash Out offer will be deemed to have expired at the time the offer changed and as a result the purported acceptance by the Eligible Participant will be ineffective.

78.3 We may, in our absolute discretion, amend, suspend or remove the Cash Out feature at any time on any Product type without providing a reason or advance notification, even where the Cash Out feature has previously been advertised as being available. Any bets placed on such Products will stand as originally placed.
 


79 Cash Out - Timing

79.1 Subject to clause 79.2 and79.3, an Eligible Participant may request a Cash Out offer in relation to an Eligible Bet at any time after placing the Eligible Bet, up until the Eligible Bet results.

79.2 Subject to clause 79.3, if the Eligible Bet is a Quaddie bet, an Eligible Participant may request a Cash Out offer in relation to an Eligible Bet at any time after the first race of the Eligible Bet results, up until the final race of the Eligible Bet results.

79.3 Each Eligible Participant acknowledges that COPL is under no obligation to make a Cash Out offer in relation to any Eligible Bet and agrees that COPL reserves the right to determine (in its absolute sole discretion):

(a) if and when any Cash Out offer is to be made to a particular Eligible Participant;

(b) if and when any Cash Out offer is to be made in relation to a particular Eligible Bet; and

(c) if a Cash Out offer is made conditionally or unconditionally.
 

 


80 Cash Out - Receiving upfront payment

80.1 If an Eligible Participant accepts a Cash Out offer from COPL made via their Account using an Approved Account Channel or an Approved Live Account Channel, COPL will transfer the Upfront Payment to the Account that was used to place the bet.

80.2 If an Eligible Participant accepts a Cash Out offer from COPL via an Approved Non- Account Channel, COPL will credit the Upfront Payment to the same session on the relevant Non-Account Channel. Once the Upfront Payment is credited to the same session of the Non-Account Channel, the Eligible Participant may then use the credit for further wagering or withdraw the credit by way of voucher.


81 Cash Out - Set off

81.1 By accepting a Cash Out offer, the Eligible Participant grants each of us and COPL an express right of set off in relation to the proportion of the Bet Proceeds that the Eligible Participant agreed to transfer to COPL and consents to us paying any such amount to COPL.

81.2 If an Eligible Bet is fully Cashed Out, 100% of the Bet Proceeds will be paid to COPL under clause 81.1.

81.3 If an Eligible Bet is partially Cashed Out, the ratio of:

(a) the Upfront Payment agreed by the Eligible Participant; and

(b) the Upfront Payment that was offered to the Eligible Participant for a full Cash Out at the time the Eligible Bet was partially Cashed Out,

is the proportion of the Bet Proceeds that will be paid to COPL under clause 81.1. If the Eligible Bet that was partially Cashed Out was a Quaddie, the Eligible Participant may be provided with a 'Remaining Flexi' percentage as an indication of the part of the Flexi percentage of the Quaddie that has not been Cashed Out. For the avoidance of doubt, the original Quaddie bet placed in the totalisator is not altered and is dealt with under the relevant Betting Rules.


82 Cash Out - Customer acknowledgements

82.1 We are simply acting as a facilitator to the Cash Out transactions between you and COPL. The underlying Eligible Bet placed with us is unaffected by Cash Out.

82.2 By accepting a Cash Out offer, you accept:

(a) the relevant bet has been Cashed Out and that process cannot be reversed or amended, except as set out in this Part J;

(b) you will not receive any payout or refund in relation to the proportion of Eligible Bet that you agree to Cash Out;

(c) in relation to an Eligible Bet Cashed Out via an Approved Account Channel , once COPL has the Upfront Payment credited to the relevant Account, COPL has no further obligation to you in relation to that Eligible Bet;

(d) in relation to an Eligible Bet Cashed Out via an Approved Non-Account Channel , once COPL has the Upfront Payment credited to the session on the Approved Non-Account Channel , COPL has no further obligation to you in relation to that Eligible Bet;

(e) we and COPL may assume that the holder of the ticket (or any copy of it) that sets out the relevant Eligible Bet, which is presented to an Approved Non-Account Channel for Cash Out, is the lawful owner of the Eligible Bet; and

(f) we and COPL may assume that all requests for and any acceptance of a Cash Out offer via an Account was undertaken by the account holder.

82.3 If we become aware of a bet being Cashed Out by a person who is not an Eligible Participant, we may, at our discretion and after consultation with COPL, cancel the Cash Out transaction and recover the Upfront Payment from the relevant person as a debt due.
 


83 Cash Out - Other key terms

83.1 An Eligible Bet can only be Cashed Out once. If an Eligible Bet is only partially Cashed Out, the balance of the Eligible Bet may not be Cashed Out at a later time.

83.2 An Eligible Bet placed via an Account Channel can only be Cashed Out through the actual Account in which it was placed.

83.3 Eligible Bets placed via a Non-Account Channel can only be Cashed Out:

(a) through a retail outlet operated by the Product Supplier with whom it was placed;

(b) if the Eligible Participant holds the relevant ticket for the Eligible Bet and that ticket can be read by an Approved Non-Account Channel (currently limited to selected self-service retail terminals); and

(c) where the value of the Eligible Bet or Cash Out offer is above certain thresholds, if the Eligible Participant has verified the relevant ticket at the operator window at the retail outlet.

83.4 Tickets that are lost, destroyed or illegible, cannot be Cashed Out.

83.5 If an Eligible Participant received TAB Reward points or any equivalent reward points from us as a result of placing the relevant bet, then that Eligible Participant will be entitled to maintain such rewards points in accordance with the relevant rewards program terms and conditions, notwithstanding that the Eligible Bet has been Cashed Out.

83.6 We consent to and hereby authorise the Eligible Participant to Cash Out their Eligible Bets with COPL subject to these Terms and Conditions.

83.7 We, COPL and each person who requests and/or accepts aCash Out offer from COPL, hereby expressly agrees that all communications between any of the parties occurred in the Northern Territory, Australia.


84 Cash Out - Customer warranties

84.1 Each customer who requests a Cash Out offer warrants to each of us and COPL that:

(a) all information provided by him or her is true and correct; and

(b) they are in a jurisdiction where they are permitted to request and/or accept a Cash Out offer.


85 Cash Out - Governing law

85.1 In relation to all matters relating to Cash Out in connection with a bet placed in any jurisdiction, this Part J will be governed by and construed in accordance with the laws in force in the Northern Territory and we, COPL and each customer who requests and/or accepts a Cash Out offer, irrevocably submits to the exclusive jurisdiction of the courts of the Northern Territory in respect of any such dispute or matter arising from this Part J.


Part K - Definitions and interpretation


86 Definitions

In these Terms and Conditions, unless the context requires otherwise:

Account means each of your TAB accounts established pursuant to these Terms and Conditions;

Account Channel means any TAB channel available to access an Account including TAB's retail outlets (using Account Mode), TAB Websites, TAB's Mobile Applications, TAB telephony services, TAB's interactive TV services and such other channels as TAB may provide from time to time;

Account Data means the transactional data relating to your Account, including win/loss history, turnover history, bet type selection and responsible gambling activity;

Account Mode means the process of logging into an Account via a TAB self-service electronic terminal which has the Cash Out functionality enabled and is located at any of TAB's permanent or temporary retail outlets;

Activated Channel means a channel which has been set up to allow betting through the use of Bonus Bets (which as at the date of publication of these Terms and Conditions includes tab.com.au, the TAB iPhone and iPad App and the TAB Android App);

Allocation has the meaning given in clause 61.1(d);

Approved Account Channels mean tab.com.au and the TAB App;

Approved Jurisdiction means any jurisdiction other than a Prohibited Jurisdiction as defined in clause 48;

Approved Live Account Channel means TAB's telephone service only;

Approved Non-Account Channel means a TAB self-service electronic terminal which has the Cash Out functionality enabled and is located at any of the relevant TAB's permanent or temporary retail outlets except when the relevant terminal is in Account Mode;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

Available Token List means the list on an Eligible Participant's Account which lists the Bonus Bets available to that Eligible Participant;

Bet Builder means the mechanism used to build and submit one or more bets applicable to the channel being used to submit the bet;

Bet Proceeds means the total amount payable by us to the Eligible Participant in relation to the Eligible Bet under the relevant Betting Rules;

Betting 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);

Bonus Bet means a token that grants a conditional contractual right to a bonus bet as detailed in Part I;

Bonus Bet Funds means the net funds received from a successful and/or refunded (including by way of abandonment) bet using a Bonus Bet, after Stake Return, as specified in clause 70.4;

Bonus Bet Stake means the face value of the relevant Bonus Bet in Australian dollars, where the face value is quoted on a GST inclusive basis;

Cash Back means the relevant Promo Benefit that is credited to the Eligible Participant's Account with funds to the value of the Promo Benefit;

Cash Out means the fixed price betting feature described in clause 73 and an Eligible Bet is Cashed Out when and offer to Cash Out is accepted;

Check and Collect means the feature we offer referred to in clause 42;

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;

Competition means a competition (including, but not limited to, a raffle, trade promotion, tipping competition or calcutta) conducted by TAB (or a Related Body Corporate) from time to time in and in accordance with any Promo Terms and Conditions;

Competition Prize has the meaning given in clause 61.1;

Consequential Loss means:

(a) any and all Loss suffered by a participant that cannot reasonably be considered to arise naturally from the breach, event or events giving rise to the losses; and

(b) any and all loss of profits, loss of revenue and loss of opportunities,

whether arising in contract, tort (including negligence) or equity or under any statute;

COPL means COPL Pty Limited (ACN 604 570 023);

Deposit Limit means the amount of money that you can deposit into your Account in accordance with clause 15;

Deposit Promo has the meaning given in clause 71;

Designated Account means the account nominated by you for withdrawals from your Account;

Dividend or Payout and Refund means the total of the dividend or payout and refund (whether full or partial, including by way of abandonment) (as applicable) paid in relation to the relevant bet in accordance with the applicable Betting Rules;

Eligible Bet has the meaning given in clause 75;

Eligible Participant means a customer that we have not determined to be ineligible for all Promos, a particular Promo or for the purposes of Cash Out, including on the grounds of being a Restricted Person or otherwise in accordance with Terms and Conditions (including pursuant to clauses 60 and 75).

Excluded Customer means

(a) a TAB customer who has notified us that they have difficulties managing their gambling behaviour;

(b) is a self-excluded patron (whether voluntarily or involuntarily);

(c) is a person who we or COPL have determined (in our or their sole discretion) is an individual that has difficulties managing their gambling behaviour; or

(d) is a person who TAB has notified is no longer an Eligible Participant for the purpose of specific Promo.

Expired Token List means the list on an Eligible Participant's Account which lists the Eligible Participant's Bonus Bets that have expired;

Expiry Date has the meaning given in clause 67;

Inactive means that there has been no deposit, withdrawal, Product purchase, dividend or prize won or paid, on your Account;

Inactive Account means that your Account has been Inactive for a continuous period of at least fourteen months in accordance with clause 21.1 or has otherwise been deemed Inactive by us in accordance with the Terms and Conditions;

Ineligible Customer means a TAB customer who we determine is no longer eligible to participate in Cash Out, for example if the customer is exploiting Cash Out in a manner which is not acceptable to us. We will use best endeavours to notify the customer as soon as possible after making such determination;

Legislation means, in respect of the Products of:

(a) NSW TAB - the Betting and Racing Act 1998 (NSW), theTotalizator Act 1997 (NSW) and the Unlawful Gambling Act 1998 (NSW);

(b) TAB ACT - the Gambling and Racing Control Act 1999 (ACT) and Totalisator Act 2014 (ACT);

(c) TAB Victoria - the Gambling Regulation Act 2003 (Vic);

(d) UBET NT - theTotalisator Licensing and Regulation Act 2000 (NT) and the Racing and Betting Act 1983 (NT);

(e) UBET QLD - the Wagering Act 1998 (Qld);

(f) UBET SA - the Authorised Betting Operations Act 2000 (SA);

(g) UBET TAS - the Gaming Control Act 1993 (Tas);

and all ordinances, by-laws, regulations or other statutory documents issued under each of the documents set out above;

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;

Non-Account Channel means any of TAB channels for placing a bet without having an Account including TAB's permanent and temporary retail outlets as TAB may have from time to time except where the customer is using Account Mode;

NSW TAB means the New South Wales TAB operated by TAB Limited (ABN 17 081 765 308);

Player Tracking means the use of data algorithms and models to support the identification of customers who may be at risk of problem gambling;

Product Suppliers means:

(a) in relation to customers of NSW TAB: TAB Limited (ABN 17 081 765 308);

(b) in relation to customers of TAB ACT: Tabcorp ACT Pty Ltd (ABN 19 167 957 002);

(c) in relation to customers of UBET NT: UBET NT Pty Ltd (ACN 092 655 831);

(d) in relation to customers of UBET QLD: UBET QLD Limited (ACN 085 691 738);

(e) in relation to customers of UBET SA: UBET SA Pty Ltd (ACN 097 719 107);

(f) in relation to customers of UBET TAS: UBET TAS Pty Ltd (ACN 095 972 106); and

(g) in relation to customers of VIC TAB: Tabcorp Wagering Manager (Vic) Pty Limited (ABN 84 154 419 342).

If you are unsure as to who your Product Supplier for wagering Products is, please contact Tabcorp customers service on 131 802.

Products means 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, including but not limited to the services mentioned in these Terms and Conditions;

Prohibited Jurisdiction has the meaning given in clause 48;

Promo means a promotion or Competition run by TAB (or a Related Body Corporate) in which Promo Benefits may be given to Eligible Participants , including by awarding aCompetition Prize, byAllocation or through an Eligible Participant making a Promo Bet or Promo Deposit;

Promo Benefit means a benefit received by an Eligible Participant pursuant to Part I and includesCompetition Prizes,Bonus Bets and Cash Back;

Promo Bet has the meaning given in clause 61.1;

Promo Code means the code specified by us which is required to be used to earn a Bonus Bet associated with a Promo;

Promo Deposit has the meaning given in clause 61.1;

Promo Terms and Conditions means any terms and conditions contained in the relevant offer for the Promo (including any information contained in any notification to you) and any terms applicable under clause 62 or clause 66 (as the case may be);

Quaddie has the meaning given in the relevant Betting Rules;

Recreational Gambler means a gambler who, in our view and sole discretion, only gambles on a recreational basis;

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;

Restricted Person means a person who is ineligible to participate in certain forms of gambling due to their direct or indirect involvement in the underlying activity, eg a participant in a race or sport;

Spend Limit :

(a) means the dollar equivalent of bets that can be purchased for NT, SA, QLD and TAS Account holders only; or

(b) has the meaning given in clause 16;

Stake Return has the meaning given in clause 70;

Tabcorp means Tabcorp Holdings Limited and its Related Bodies Corporate;

TAB ACT means Tabcorp ACT Pty Ltd (ABN 19 167 957 002);

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

TAB App means TAB's iPhone App, iPad App and Android App;

TAB Mobile Application means the TAB App and other Tabcorp wagering and/or promotional mobile applications available from time to time;

TAB Venue means a TAB agency, a TAB facility in a pub or club or on-course at a racetrack;

TAB Website means tab.com.au and other Tabcorp wagering and/or promotional websites available from time to time;

Terms and Conditions means these terms and conditions;

Third Parties means any person who is not you or us;

Third Party Facilitators means a banking or financial institution or other financial service provider that facilitates the transfer of funds to your Account;

TPCP has the meaning given to it in clause 56;

TPCP Terms and Conditions has the meaning given to it in clause 56;

Transaction Point means the point at which a Promo Code must be entered for an Eligible Participant to be eligible for a Bonus Bet, for example:

(a) For a Promo Bet, it would be at the appropriate location for the relevant bet in the Bet Builder; and

(b) For a Promo Deposit, it would be at the appropriate location for the relevant deposit on the deposit screen;

UBET NT means UBET NT Pty Ltd (ACN 092 655 831);

UBET QLD means UBET QLD Limited (ACN 085 691 738);

UBET SA means UBET SA Pty Ltd (ACN 097 719 107);

UBET TAS means UBET TAS 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;

Upfront Payment means the upfront payment from COPL to the Eligible Participant in consideration for the Eligible Participant agreeing to share theBet Proceeds with COPL;

Used Token List means the list on an Eligible Participant's Account which lists the Bonus Bets that the Eligible Participant has used to place a bet;

VIC TAB means the Victorian TAB operated by Tabcorp Wagering Manager (Vic) Pty Limited (ABN 84 154 419 342);

Vision has the meaning given to it in clause 54;

We, us or TAB means Tabcorp and each relevant Product Supplier;


87 Interpretation

In these terms:

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

(b) a reference to a "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) a reference to "includes" in any form is not a word of limitation; and

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

 


Schedule A


Bonus Bet Default Bet Types

This schedule sets out the bet types for which Bonus Bets can be used (and cannot be used) as a default if no further criteria are specified in Part I of the Terms and Conditions.

Part 1 - Default bet types for which a Bonus Bet can be used

1.1 NSW TAB

In relation to NSW TAB, unless otherwise specified in Part I of the Terms and Conditions, the following bet types are able to be placed using a Bonus Bet:

Fixed Odds

Pari-mutuel

Racing Bet Types

Racing Bet Types

Win: Final field

Win - single selection only

Win: Future

Place - single selection only

Place: Final field

Exacta - Flexi only

Place: Future

Quinella - Flexi only

Sports Bet Types

Trifecta - Flexi only

Win

First 4 - Flexi only

Bundle Bet

Odds & Evens - Flexi only

Sports Bet Types

Duet - Flexi only

Win

Running Double - Flexi only

Place

Duet - Flexi only

Multis

Running Double - Flexi only

Sports

Daily Double - Flexi only

Racing

Quaddie - Flexi only

Sports and racing

Big 6 - Flexi only

Super Multis

Trio - Flexi only

Sports - Flexi only*

 

Racing - Flexi only*

 

Sports and Racing - Flexi only*

 

*except for system bets where the number of combinations is equal to 1 (for example betting on 1 x System 4 in a four leg Super Multi)

Limited to Super Multi bets with 5 or less legs

1.2 VIC TAB

In relation to VIC TAB, unless otherwise specified in Part I of the Terms and Conditions, the following bet types are able to be placed using a Bonus Bet:

Fixed Odds

Pari-mutuel

Racing Bet Types

Racing Bet Types

Win: Final field

Win - single selection only

Win: Future

Place - single selection only

Place: Final field

Exacta - Flexi only

Place: Future

Quinella - Flexi only

Bundle Bet

Trifecta - Flexi only

Sports Bet Types

First 4 - Flexi only

Win

Duet - Flexi only

Accumulator

Running Double - Flexi only

Multis

Daily Double - Flexi only

Sports

Quaddie - Flexi only

Racing

Big 6 - Flexi only

Sports and racing

Trio - Flexi only

Super Multis

 

Racing - Flexi only*

 

Sports and Racing - Flexi only*

 

*except for system bets where the number of combinations is equal to 1 (for example betting on 1 x System 4 in a four leg Super Multi)

Limited to Super Multi bets with 5 or less legs

1.3 ACT TAB

In relation to TAB ACT, unless otherwise specified in Part I of the Terms and Conditions, the following bet types are able to be placed using a Bonus Bet:

Fixed Odds

Pari-mutuel

Racing Bet Types

Racing Bet Types

Win: Final field

Win - single selection only

Win: Future

Place - single selection only

Place: Final field

Exacta - Flexi only

Place: Future

Quinella - Flexi only

Bundle Bet

Trifecta - Flexi only

Sports Bet Types

First 4 - Flexi only

Win

Duet - Flexi only

Place

Running Double - Flexi only

Multis

Daily Double - Flexi only

Sports

Quaddie - Flexi only

Racing

Big 6 - Flexi only

Sports and racing

Trio - Flexi only

Super Multis

 

Sports - Flexi only*

 

Racing - Flexi only*

 

Sports and Racing - Flexi only*

 

*except for system bets where the number of combinations is equal to 1 (for example betting on 1 x System 4 in a four leg Super Multi) Limited to Super Multi bets with 5 or less legs

1.4 UBET QLD

In relation to UBET QLD, unless otherwise specified in Part I of the Terms and Conditions, the following bet types are able to be placed using a Bonus Bet:

Fixed Odds

Pari-mutuel

Racing Bet Types

Racing Bet Types

Win: Final field

Win - single selection only

Win: Future

Place - single selection only

Place: Final field

Exacta - Flexi only

Place: Future

Quinella - Flexi only

Bundle Bet

Trifecta - Flexi only

Sports Bet Types

First 4 - Flexi only

Win

Duet - Flexi only

Place

Running Double - Flexi only

Multis

Daily Double - Flexi only

Sports

Quaddie - Flexi only

Racing

Big 6 - Flexi only

Sports and racing

Trio - Flexi only

Super Multis

 

Sports - Flexi only*

 

Racing - Flexi only*

 

Sports and Racing - Flexi only*

 

1.5 UBET SA

In relation to UBET SA, unless otherwise specified in Part I of the Terms and Conditions, the following bet types are able to be placed using a Bonus Bet:

Fixed Odds

Pari-mutuel

Racing Bet Types

Racing Bet Types

Win: Final field

Win - single selection only

Win: Future

Place - single selection only

Place: Final field

Exacta - Flexi only

Place: Future

Quinella - Flexi only

Bundle Bet

Trifecta - Flexi only

Sports Bet Types

First 4 - Flexi only

Win

Duet - Flexi only

Place

Running Double - Flexi only

Multis

Daily Double - Flexi only

Sports

Quaddie - Flexi only

Racing

Big 6 - Flexi only

Sports and racing

Trio - Flexi only

Super Multis

 

Sports - Flexi only*

 

Racing - Flexi only*

 

Sports and Racing - Flexi only*

 

1.6 UBET TAS

In relation to UBET TAS, unless otherwise specified in Part I of the Terms and Conditions, the following bet types are able to be placed using a Bonus Bet:

Fixed Odds

Pari-mutuel

Racing Bet Types

Racing Bet Types

Win: Final field

Win - single selection only

Win: Future

Place - single selection only

Place: Final field

Exacta - Flexi only

Place: Future

Quinella - Flexi only

Bundle Bet

Trifecta - Flexi only

Sports Bet Types

First 4 - Flexi only

Win

Duet - Flexi only

Place

Running Double - Flexi only

Multis

Daily Double - Flexi only

Sports

Quaddie - Flexi only

Racing

Big 6 - Flexi only

Sports and racing

Trio - Flexi only

Super Multis

 

Sports - Flexi only*

 

Racing - Flexi only*

 

Sports and Racing - Flexi only*

 

1.7 UBET NT

In relation to UBET NET, unless otherwise specified in Part I of the Terms and Conditions, the following bet types are able to be placed using a Bonus Bet:

Fixed Odds

Pari-mutuel

Racing Bet Types

Racing Bet Types

Win: Final field

Win - single selection only

Win: Future

Place - single selection only

Place: Final field

Exacta - Flexi only

Place: Future

Quinella - Flexi only

Bundle Bet

Trifecta - Flexi only

Sports Bet Types

First 4 - Flexi only

Win

Duet - Flexi only

Place

Running Double - Flexi only

Multis

Daily Double - Flexi only

Sports

Quaddie - Flexi only

Racing

Big 6 - Flexi only

Sports and racing

Trio - Flexi only

Super Multis

 

Sports - Flexi only*

 

Racing - Flexi only*

 

Sports and Racing - Flexi only*

 

Part 2 - Default bet types for which a Bonus Bet cannot be used

Unless otherwise specified in Part I of the Terms and Conditions, the following bet types are Excluded Bets and will not be able to be placed using a Bonus Bet:

  • Win or Place with multiple selections Each Way (parimutuel and fixed odds) Parlay Formula
  • Mystery products, including 3UP NRL Winners
  • NRL Score
  • AFL Win with multiple selections AFL Doubles
  • AFL Winners
  • Non-flexi exotic bets Trackside
  • Keno
  • Non-Flexi Super Multis, except for system bets where the number of combinations is equal to 1 (for example betting on 1 x System 4 in a four leg Super Multi)
  • Combos
  • Bets with a "Multiplier" applied
  • Live bets
  • Multi or Super Multi bets with 6 or more legs. Any other bet type not specified in Part 1.
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