Rules relating to the Conduct of Business with AusTOTE
incorporating Conditions of Use of a Betting Account.
Definitions
'AusBET' means a software tool available for making investments with AusTOTE through the internet.
'AusTOTE' means AusTOTE Pty Ltd, a company registered in Norfolk Island.
'the Authority' means the Norfolk Island Gaming Authority established under the Gaming Supervision Act 1998 ( Norfolk Island)
'backed runner' means a runner on which a win investment has been made.
'betting account' means an account established with AusTOTE for the purposes of receiving deposits of money and for using such money to invest in any totalisator pool conducted by AusTOTE.
"betting module" means a software tool available for making investments with AusTOTE through the internet .
'commission' means that amount paid to AusTOTE as a fee for service and calculated as a percentage of the total amount invested in a given race .
'event' means a race of horses whether gallopers, pacers or trotters or greyhounds in a race meeting for which AusTOTE has determined to accept investments.
'invest' (and its derivatives) means to bet on a particular runner or runners in a race using funds held in a Betting Account (the derivatives having corresponding meanings).
'odds ' means the amount to be paid by AusTOTE as the proceeds from a successful bet of one (1) dollar Australian and calculated after the deduction of commission.
'on-line' means a direct link by internet to the official website of AusTOTE.
'race' has the same meaning as 'event'.
'race meeting' means a series of races at one place on a specific date.
'relevant business' means (without limiting its general meaning) taking steps to open a Betting Account, depositing funds to a Betting Account, making investments using funds from a Betting Account, withdrawing funds from a Betting Account, seeking to invest with AusTOTE, using information supplied by AusTOTE for whatever purposes.
'return(s)' means the proceeds of a winning bet.
'runner' means a contestant in a race.
'totalisator' means a system of betting whereby investments are pooled for the purposes of dividing prize monies among winners.
'walk-over' means an event in which only one runner ultimately participates.
'win odds' means the amount paid by AusTOTE as a return on a successful bet of one (1) dollar on a first-placed runner and calculated after the deduction of commission.
RULES AND CONDITIONS
2.1 Norfolk Island Gaming Authority
2.2 Application of rules & conditions.
2.3 Deeming provisions.
2.4 Availability of Rules & Conditions of use.
2.5 Rules & laws of other jurisdictions
2.6 Variation of rules & conditions.
 INFORMATION
3.1
Liability for incorrect information.
3.2
Numbers & codes.
 BETTING ACCOUNTS
4.1 Approved accounts only.
4.2 Opening an account.
4.3 Deposits to an account.
4.3 No cash deposits.
4.4 Minimum deposits.
4.5 Withdrawals/Disposal of funds.
4.6 No cash withdrawals.
4.7 Records & availability.
4.8 Fees on dormant accounts.
4.9 Further fees & charges.
4.10 Closure by AusTOTE.
4.11 Inactive accounts/unclaimed funds.
4.12 Notification of change of details.
 INVESTMENTS
5.1 Race meetings covered.
5.2 Investment pool.
5.3 Minors.
5.4 Credit betting.
5.5 Minimum investments.
5.6 AusTOTE discretion to abandon a race.
5.7 Refunds.
5.8 Cancellations.
5.9 Exclusivity of AusTOTE records.
5.10 Refusal of investment.
 BETTING ACCOUNT USE
6.1 Application of specific conditions.
6.2 Laws of other jurisdictions.
6.3 Use of account number & personal codes.
6.4 Enabling for internet betting
6.5 Use of Betting Module.
6.6 No cancellations.
6.7 Liability for use of betting systems.
6.8 Variation of operating system
 RESULTS, COMMISSION & ODDS GENERALLY
7.1 Official results
7.2 Payments from the win pool.
7.3 Commission payable.
7.4 Odds display.
7.5 Payment of winning bets.
7.6 Dead heat.
 WIN ODDS
8.1 Calculation.
8.2 No bets on winners.
8.3 Dead heat.
8.4 Fractions.
 COMPLAINTS 9.1 Lodging
complaints.
RULES AND CONDITIONS
2.1 The Norfolk Island Gaming Authority has approved these rules & conditions and amendment is subject to Authority approval.
2.2 The rules & conditions apply to all investments with AusTOTE and to other relevant business transacted with AusTOTE. They are binding on AusTOTE and on every person investing with or conducting relevant business with AusTOTE.
2.3 All investments with AusTOTE and relevant business transacted with AusTOTE will be deemed to have been received or to have been transacted subject to these rules & conditions, thus any person investing on or presenting an investment for the AusTOTE totalisator or conducting or seeking to conduct relevant business with AusTOTE will be deemed to have accepted and be bound by these rules & conditions.
2.4 These rules & conditions are available on the AusTOTE website for perusal or downloading.
2.5 In addition to these rules & conditions investments are subject also to the governing laws and rules of the jurisdiction in which the relevant race is conducted, and in particular (but without limiting the generality of the foregoing), the provisions with respect to the entry, acceptance, withdrawal or disqualification of runners, the running of races, the powers of stewards or any committee or tribunal authorised, constituted or appointed under any governing law or rule of the said jurisdiction. Relevant AusTOTE records, including betting account detail, will be made available upon request to assist with an official enquiry.
2.6 These rules & conditions are subject to change at any time without notice to or approval by clients of AusTOTE. Such changes will be binding once incorporated into the Rules & Conditions appearing on the official website of AusTOTE.
INFORMATION
3.1 AusTOTE, whilst acting in good faith at all times, will in no circumstance whatsoever be liable for any incorrect information provided by AusTOTE to investors or prospective investors. In particular, without limiting the generality of this clause, investors and prospective investors must satisfy themselves as to the inclusions and omissions of runners in any race, any runner stated to be scratched when it is not and any runner stated to be a runner when it is scratched.
3.2 The numbers and codes allocated by AusTOTE to particular races or to particular runners in a race will be final and binding upon investors and will prevail over any other record of the particular race or particular runners.
BETTING ACCOUNTS
4.1 Investments may only be made with AusTOTE through an approved Betting Account that will be allocated an account number by AusTOTE and a personal access code by the account owner.
4.2 A Betting Account may be opened on-line or by requesting appropriate forms from the AusTOTE office on telephone 0011 672 3 24430. The requirements of the Financial Transactions Reports Act 1988 (Commonwealth) for customer identification (100 points score) must be met.
4.3 Deposits to a Betting Account may only be made by direct deposit to AusTOTE bank account or by crossed cheque payable to AusTOTE and mailed to AusTOTE. Bank deposits must be confirmed immediately to AusTOTE and proceeds of a cheque will not be available for use until cleared by the drawer bank. AusTOTE will not accept direct cash deposits.
4.4 The minimum deposit in any case is AUD$100.00.
4.5 Funds held in a Betting Account may be disposed of according to the instructions of the account owner. Instructions to transfer funds to a person (including an organisation or a company) other than the account owner must be in writing and capable of verification.
4.6 Withdrawals will not be paid in cash.
4.7 AusTOTE will electronically store the activity of a Betting Account for a period of no less than three (3) years, and such detail will remain available on request to an account owner and will be provided by AusTOTE within a time frame reasonable to the account owner and convenient to AusTOTE.
4.8 A dormant account, being a Betting Account on which there has been no investment activity for six months or more, will after this status has been acquired, be subject to an account keeping fee of no more than five (AUD$5.00) each month.
4.9 The level & variety of administrative fees & charges is subject to periodical review and AusTOTE reserves the right to impose fees & charges on betting accounts from time to time.
4.10 AusTOTE retains an absolute discretion to close any Betting Account at any time and to forward the proceeds of the account by cheque to the account owner's last known address.
4.11 Where an account has been inactive for a period of at least five (5) years and funds to the credit of the account remain unclaimed after reasonable attempts to contact the account owners, the account will be closed and the balance transferred to the Norfolk Island Administration.
4.12 Account owners are obliged to notify any change to personal details such as address, as soon as practical.
INVESTMENTS
5.1 AusTOTE will only receive investments in respect of such race meetings as determined by AusTOTE from time to time and as approved by the Norfolk Island Gaming Authority.
5.2 All investments on a race will be accrued into one pool known as the 'win pool' from which, subject to sections 8 & 9, a return will be paid to those who have bet on a first-placed runner.
5.3 AusTOTE will receive no investments from or on behalf of a person under the age of eighteen (18) years.
5.4 Under no circumstances will an investment be allowed unless the investor holds sufficient funds in their betting account. Cash investments are not allowed.
5.5 Investments must be a minimum of AUD (one dollar)$1.00 and be in multiples of AUD$1.00.
5.6 AusTOTE reserves an absolute discretion to abandon a race without notice for whatever reason and without any necessity for providing an explanation.
5.7 In the event that a race is abandoned, postponed to another day, declared a 'no-race' or a 'walkover' or if a runner is scratched, all relevant investments are refundable to the investor's Betting Account at a time convenient to AusTOTE. Such investments will not form part of any totalisator pool.
5.8 UNDER NO CIRCUMSTANCES will any investment be cancelled.
5.9 All AusTOTE records will be deemed to be the full & correct record and exclusive evidence of investments by any investor.
5.10 AusTOTE may refuse to accept an investment or indeed any investment and is not required to give any reason for refusal.
BETTING ACCOUNT USE
6.1 In addition to the general rules & conditions set out in this document the following specific conditions apply to the use of an approved betting account.
6.2 An account operator accepts that AusTOTE does not warrant that it is legal to place investments using a betting account in the jurisdiction in which investments are placed. Account operators must assume full responsibility for their use of AusTOTE services.
6.3 AusTOTE will bear no responsibility for any loss arising from the use of Betting Account number and relevant password by a person other than the account owner.
6.4 Internet betting is enabled only by use of AusBET which is available for downloading once a Betting Account has been established.
6.5 AusTOTE offers no guarantee that investments made using the Betting Module will be accepted nor does AusTOTE accept ANY liability whatsoever for investments transmitted or purported to have been transmitted on the internet but not received by AusTOTE.
6.6 UNDER NO CIRCUMSTANCES can an investment be cancelled once transmitted by the use of AusBET.
6.7 Use of AusBET or of a betting account carries with it in general;
(a) an acceptance that AusTOTE is free from any liability whatsoever, be it loss damage cost or whatever, howsoever arising from the use of a betting account or of the facilities provided by AusTOTE for use with a betting account, and
(b) an agreement to release indemnify and hold AusTOTE harmless from & against any loss, claim or damage which may arise from this use or an attempted use, including but not limited to, damage of computer software or hardware by virus infection.
6.8 AusTOTE reserves the right to vary its operating system in general, including the way in which investments are transmitted on the internet, and to do so without notice or without explanation. Such changes will however be subject to approval by the Norfolk Island Gaming Authority.
RESULTS, COMMISSION & ODDS GENERALLY
7.1 AusTOTE will recognise only the official results of a race as posted by the body controlling the particular event. AusTOTE will not recognise any amended result arising from an inquiry, investigation or judicial hearing held after the official result is posted.
7.2 The AusTOTE win pool will provide a return for investors who select the runner or runners that place first in a race. There will be no win pool conducted if there are less than two runners in a race.
7.3 Commission is payable to AusTOTE in respect of each race or event and is deducted from the total win pool. The commission is calculated as a percentage of the total win pool at a rate agreed to by the Norfolk Island Gaming Authority from time to time.
7.4 AusTOTE will display on its website approximate win odds and win pool sizes for each race on which it accepts investments. Where there are no win investments on a particular runner win odds of zero ($0.00) will be displayed.
7.5 Returns will be deposited to betting accounts as soon as practicable after correct weight is given.
7.6 In the event of a dead heat between more than two runners, no returns will be paid and all investments will be refunded in full.
WIN ODDS
8.1 Subject to this section win odds are calculated by dividing the win pool after commission deduction by the number of one-dollar ($1.00) units invested on the first-placed runner.
8.2 If there are no investments on the first-placed runner then all investments will be refunded.
8.3 In the event of a dead heat for first place, the win pool after commission deduction is divided into two equal parts and the number of winning one dollar ($1.00) units on each first-placed runner is divided into each part to arrive at separate win odds. If there are no investments on one of the first-placed runners then odds are calculated for the other first-placed runner by dividing the win pool after commission deduction by the number of one-dollar ($1.00) units invested on the runner. If no backed runners are first-placed then all investments, less commission, will be refunded.
8.4 In calculating win odds on a unit of investment, a fraction of five (5) cents, which is less than five (5) cents, will be disregarded.
Complaints
9.1 Complaints about AusTOTE must be lodged in writing either with AusTOTE by post or with The Secretary of the Norfolk Island Gaming Authority by post. Any complaints lodged with AusTOTE will be acknowledged and passed to the Norfolk Island Gaming Authority for action.
Last Modified : 15 Mar 2006 |
