Terms and Conditions
These Terms
& Conditions were last updated on 16 October 2024 and take effect from that date.
1. General
1.1. These
General Terms & Conditions govern the contractual relationship between you and Amused Australia
Pty Ltd (ABN 13 654 831 839) (“Amused”). In these terms & ,conditions, references to “we”, “us”,
and “our” are references to Amused.
1.2. Amused is licensed and regulated by the Northern
Territory Racing and Wagering Commission (NTRWC), in the Northern Territory, to conduct the
following sports bookmaking businesses (our “Brands”) via the following websites and their related
iOS and Android mobile applications (collectively, our “Betting Platforms”):
1.3. We are licenced to accept bets (wagers) via the
internet, 24 hours per day.
1.4. A “Member” is a person who registers a unique user profile
(“Member Profile”) with Amused. Any reference to “you”, “your”, “their”, “customer” or “client” in
our Terms of Use is a reference to a Member.
1.5. Any reference to our “Terms of Use” means
and incorporates the following documents as published on our Betting Platforms and amended from time
to time:
a. these General Terms & Conditions;
b. our Bonus Offer Terms &
Conditions;
c. our Responsible Gambling Policy;
d. our Dispute Resolution Policy;
e. our
Privacy Policy; and
f. the respective Racing Rules, Sports and Novelty Rules and Same Game Multi
Rules (as applicable for each of our Brands). All of the Rules applicable to each of our Brands can
be viewed on our respective Betting Platforms.
1.6. By registering a Member Profile, you are
deemed to have read and accepted our Terms of Use
1.7. Amused reserves the right to change,
amend or add to our Terms of Use at our discretion, and will publish such changes on our Betting
Platforms. You agree that any changes, amendments, or additions published on our Betting Platforms
will be taken to be effective immediately. Where there is a significant change to these Terms of
Use, we will notify you of the change by posting the change on our site when the change comes into
effect. If you do not accept the change as notified to you, you should close your Account. It is the
Member’s responsibility to ensure that they are aware of the current Terms of Use
1.8. Our
Terms of Use are intended to contain all the terms of our agreement with you in relation to your
betting. If a member of staff has made a statement to you that is not covered by or is at variance
with any provision of our Terms of Use you should inform our Customer Service team immediately
before you commence betting with us. We warn you that our Terms of Use may be construed objectively
under Australian law and without reference to any representations made prior to your acceptance of
our Terms of Use. It is therefore important that you bring any such statements to our attention
before you commence your betting with us.
1.9. Our Terms of Use shall be governed by and
construed in accordance with the laws of the Northern Territory and any Member irrevocably submits
to the exclusive jurisdiction of the NT Courts in respect of any dispute or matter arising out of or
relating to our Terms of Use or the provision of goods or services to you.
2. Your Member Profile and Account
2.1. You must
register a Member Profile to access our Betting Platforms. You may only register a Member Profile if
you are resident in Australia or New Zealand.
2.2. To register a Member Profile, you must be
aged 18 years or older. Amused does not permit persons under the age of 18 years to register a
Member Profile or hold an Betting Platforms, we encourage you to install a child protection software
package (e.g. Cyber Patrol, Net Nanny).
2.3. Once a Member’s identity has been successfully
verified in accordance with our KYC procedures, we will create a unique betting account (“Account”)
associated with your Member Profile on which you may transact and place bets through the Betting
Platforms.
2.4. Your Account is for your own personal use. Only you are permitted to
establish, access and use your Account. If you permit any other person to establish, access or use
your Account, you will be in breach of our Terms of Use.
2.5. Only one Account is permitted
per person, per address, per shared device and per shared IP address for each of our Brands, except
with our prior approval in writing. We reserve the right to close Accounts and void any bets placed
in breach of this Rule. You agree that Amused may determine (acting reasonably) if multiple Accounts
are linked to the same person, address, device or IP address.
2.6. We may in our absolute
discretion restrict you to having only one Account with us across all of our Brands. For example, we
may restrict you to having an Account with Bet Nation only, and not permit you to have an Account
with our other Brands.
3. Access and use of our Betting Platforms
3.1. Access
to our Betting Platforms is permitted on a temporary basis. We reserve the right to withdraw or
suspend access at any time without notice, including for legal or commercial reasons, maintenance or
other purposes. Subject to your rights under the Australian Consumer Law, we will not be liable if
our Betting Platforms are unavailable at any time or for any period.
3.2. We may amend any
feature of our Betting Platforms or change the content (including betting products) at any time,
provided such changes do not adversely affect events and/or bets already in progress.
3.3.
You are only permitted to use our Betting Platforms for your own personal use. You are not permitted
to use our Betting Platforms for commercial use, unless you have our express prior written
consent.
3.4. You must not provide access to, or reproduce our Betting Platforms, or any part
of them, without our express prior written consent.3.5. Without limiting any other clause, we may
suspend or close your Account at any time where we have reason to believe that:
a. you are in
breach or may be in breach of our Terms of Use;
b. you have disclosed your Secure Member Details
to another person or permitted another person to use or access your Account;
c. you have used our
Betting Platforms in a fraudulent manner or for illegal or improper purposes;
d. you have been
abusive or threatening toward our staff;
e. you are bankrupt, subject to a creditor’s petition or
party to a debt agreement or personal insolvency agreement;
f. you have not provided us with any
KYC or ECDD information that we have requested within the required timeframe; or
g. we are
directed or requested to do so by a government agency, the police, a regulatory authority, a racing
or sporting body, or a court.
4. Restricted Jurisdictions
4.1. You may
only access or use our Betting Platforms if it is legal for you to do so within the jurisdiction you
are physically present in. It is your responsibility to ascertain whether it is legal to access or
use our Betting Platforms from any jurisdiction that you are physically present in at the relevant
time, and you must comply with the gambling laws of that jurisdiction at all times in doing
so.
4.2. You warrant that you are legally able to visit, use or otherwise participate through
our Betting Platforms from the jurisdiction where you are currently located.
4.3. You accept
that if we detect activity which indicates to us that you are or may be within a jurisdiction which
prohibits you from accessing or using our services (‘Restricted Jurisdiction’) and are or may be
betting on your Account, we may, in our discretion, either suspend or permanently close your Account
and/or cancel all bets we deem to have been placed from within a Restricted Jurisdiction. You accept
that the data available to monitor betting on an Account is not always accurate and Amused will use
its discretion in accepting any bets on your Account while conducting any investigation.
5. Member obligations and warranties
5.1. You
agree that the service offered by Amused is the ability to place a bet, win or lose.
5.2. You
agree that when you:
a. access or use any section of our Betting Platforms;
b. apply to
register a Member Profile with us; and/or
c. access, download or use any of our Betting
Platforms—
you are deemed to have read and understood, and agreed to be bound by, our Terms of
Use.
5.3. When you register a Member Profile and every time you access or use our Betting
Platforms (as applicable), you warrant to us and agree that you:
a. are at least 18 years of
age and have the legal capacity to enter binding contracts;
b. have not self-excluded from
gambling with us, or with a NT sports bookmaker through the NTRWC self-exclusion process;
c. will
not allow any third party (including a minor) to, directly or indirectly, access or use your Member
Profile or Account including but not limited to, making deposits into or withdrawals from your
Account or placing bets using your Account;
d. will make every effort to prevent the use of your
Account by any third party;
e. are operating your Account and placing bets on your own, without
the direct or indirect assistance of any third party;
f. will not use your Account on behalf of,
under the instruction of, or for the benefit of any other party, and will not enter into any
agreements (contractual or otherwise) with any third parties regarding the use of your
Account;
g. have furnished us with your personal details that are valid, accurate and complete in
every respect and that you will advise us immediately should any such details change;
h. are the
true and lawful owner of the monies that you deposit into your Account, withdraw from your Account
and wager with us, and that you are duly and properly authorised to utilise such monies for the
aforementioned purposes;
i. will not deposit or wager any monies with us that are derived from
illegal activities;
j. will pay all monies owed to us, and will not charge-back, deny, reverse or
countermand any such payments;
k. are wholly responsible for the security and confidentiality of
your Account;
l. will be wholly responsible and liable for any transactions (including bets,
deposits and withdrawals) conducted using your Account;
m. will not engage in any manipulation of
any price or pools; and
n. are legally able to access the Betting Platforms from your
jurisdiction.
5.4. You are not permitted to bet, operate an account with us or otherwise
access or use our Betting Platforms using any type of automated, robotic, systematic, artificial,
obscured or computerised method/s, including without limitation the use of a VPN, proxy server, data
extraction or scraping. You agree that this is a material condition of our terms and conditions.
Amused reserves the right, in its sole discretion (acting reasonably), to close any Account and void
any bets in breach of this condition.
5.5. Members are responsible for ensuring that their
Account details such as their address, telephone number, email address and payment/bank details
(including any card expiration details) are kept up to date and to notify us immediately of any
incorrect Account details. If a Member has not kept their Account details up to date, we reserve the
right to suspend the Account. Members are responsible for complying with their own local, national,
or state laws concerning betting prior to either registering to become a Member or placing a bet on
their Account.
5.6. A Member must immediately notify Amused of any matter (including any
potential mental impairment) which may lead us to reasonably infer that your ability to make sound
judgments about betting in respect of your Account may be impaired.
6. Member identification requirements
6.1. The
personal information that you provide during registration of your Member Profile will be used to
verify your identity in accordance with our “Know Your Customer procedures (“KYC procedures”) in
accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (“AML/CTF
Act”).
6.2. In order to verify your identity and provide Member services to you, it is
essential that the personal information you provide during registration (including but not limited
to your full name, date of birth, residential address, telephone number and email address) is
accurate and complete, including the correct spelling. You must update your personal information
with us whenever there is any change. If you do not provide accurate details for your Member
Profile, you will be in breach of our Terms of Use.
6.3. For the purpose of identity
verification and fraud detection, we will supply your personal information to a verification agent
(e.g. GBG GreenID). This may involve checking your details against third party databases and/or
credit headers. You consent to your personal information being disclosed to our verification agent,
which will act as intermediary for the purpose of exercising your right under the Australian Privacy
Act 1988 (Cth) to access personal information lawfully held about you by third parties. You consent
to our verification agent using verification results for the purpose of monitoring and improving
their verification services, and disclosing de-identified and pseudonymized information for the
limited purpose of delivery of fraud detection services to us and other service
subscribers.
6.4. If upon registration of your Member Profile your identity is not verified,
an Account will not be created for you. An Account will only be created, and you will only be able
to make a deposit and bet, once your identity is verified. For clarity, a Member Profile is not a
betting account, and registration of a Member Profile in and of itself does not involve the
provision of any designated gambling services to you as defined under the AML/CTF Act.
6.5.
In order to complete identity verification or re-verification, you may be requested to provide us
with details and/or certified copies of your ID documents. If this occurs, and you require any
assistance, please contact our Customer Support Team via the contact details on our website.
6.6. Upon registration of your Member Profile, you must inform us if you are classified as a
Politically Exposed Person (PEP) or subject to any government sanctions. You must notify us if there
is any change to your PEP or sanctions status at any time.
7. Ongoing customer due diligence
7.1. Amused
may at any time request acceptable further or additional KYC information from a Member to ensure
that all information supplied by the Member is up to date. This may include without limitation
photographic identification and/or proof of a Member’s current address.
7.2. We may require
certified copies of a Member’s ID documents by a permitted Certifier. All certified documents must
be produced in the English language or they will be rejected. Amused reserves the right to carry out
checks on the individual certifying documents and to get in touch with them to verify the validity
of the document. Amused may in its discretion reject certified documents for any reason.
7.3.
Amused may undertake Enhanced Customer Due Diligence (ECDD) on Members to comply with our
obligations under the AML/CTF Act. We may request you to provide information about, and evidence of,
how you fund your Account (known as Source of Funds and Source of Wealth). After receiving such a
request, you will have a reasonable time to provide the information requested. If you fail to do so
within the permitted timeframe, we reserve the right to suspend your Account/s permanently or until
such time as the information is provided.
7.4. Should a Member falsify any ID or any other
details for any purpose associated with registering a Member Profile or transacting on an Account,
Amused reserves the right to suspend the Member’s access to our Betting Platforms and/or close the
Account without prior notification to the Member.
7.5. If a
Prepaid/Virtual/Electronic/Travel/Debit/Credit card is to be used by a Member to fund the Account,
legible copies of the front of the applicable card may be requested by Amused for its review. Amused
reserves the right at its discretion to refuse to accept a card including but not limited to in
circumstances where the card is dishonoured. Cards used to fund a Member’s Account must match the
Member’s Account details. Cards with a name other than that which is registered with Amused for the
Account in question will be refused and the Account may be suspended until proof of consent is
provided by the third-party cardholder. Amused reserves the right to request a copy of the front of
the card registered on the Account at any time. Receipt of a card is no guarantee of Account
activation/re-activation.
8. Account security
8.1. It is
your responsibility to ensure your username and security details (including any personal
identification number (‘PIN’), password or Account number) (‘Secure Member Details’) are kept
confidential. If you suspect that your Secure Member Details may no longer be confidential or that
there may have been unauthorised use of their Account, you must notify us immediately, and we may
provide you with new Secure Member Details. Where Amused provides a Member with new Secure Member
Details, Amused reserves the right to invalidate any future transactions which attempt to utilise
the previous Secure Member Details of that Member.
8.2. Where a Member wishes for another
individual to have access to their Account or any Secure Member Details (including any family
member, business or corporate entity or any other person whatsoever), this must first be approved by
Amused and details for that person provided. Amused may refuse such request for access at its
discretion. A Member remains solely responsible for their Account including but not limited to
transactions, bets and Account changes made by any authorized individual. Amused reserves the right
to request full certified identification documentation from any proposed nominee.
8.3.
Members will be responsible for all bets and transactions on their Account in which their Secure
Member Details are used.
9. Deposits and withdrawals
9.1. Deposits
into an Account can be made by means provided on the Betting Platforms.
9.2. When you deposit
funds into your Account by any means, you are purchasing a top up to your online wagering account
with us. Your Account will be credited in the amount of the deposit made.
9.3. Your Account
is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by
any deposit or banking insurance system or by any other similar insurance system. Interest is not
paid on monies held in your Account.
9.4. Monies deposited to Member Accounts are held in a
separate bank account in our name (for Member account balances), and are not used to meet our
expenses or debts.
9.5. Amused reserves the right to remove or add payment options from time
to time. Current available payment methods can be viewed within our Betting Platforms when you are
logged in to your Account.
9.6. If Amused determines that funds deposited are not for the
purpose of betting, Amused may in its discretion decline the deposit, return the funds to the
original payment method used to fund the Account, and close the Member’s Account.
9.7. If
Amused determines that the funds deposited are not from a funding instrument in the Member’s name or
are not expressly authorised to be used by them, Amused reserves the right to decline the deposit
and return the funds to the original payment method. If this determination takes place after bets
have been placed, Amused reserves the right to void any resulted or pending bets on the Member’s
Account.
9.8. If Amused determines that there is not enough information to prove the owner of
a particular payment option, we reserve the right to request certified documentation as proof of
ownership prior to making any decision.
9.9. Amused reserves the right to check directly with
the Member’s funding institution that supplied the payment option used to deposit to confirm that
the details provided by the Member to Amused are valid and correct.
9.10. Amused requires
that any deposits into a Member’s Account be turned over (or ‘bet through’) at least once prior to
authorising a withdrawal from the Member’s Account. Turnover of deposits can be on any racing or
sport market.
9.11. Amused reserves the right to waive the previous Rule should the Member be
restricted in stake while placing a bet, if an error is made during a transaction, the Member wishes
to close their account, or for any other reason, determined at our discretion.
9.12. By
depositing to Amused you accept that at its discretion, Amused may require a Member to return the
value of their deposit back to the original funding instrument.
9.13. Amused must comply with
the AML/CTF Act. Should we consider that a deposit or withdrawal is suspicious or may potentially be
fraudulent, we reserve the right to request proof of deposit or withdrawal bank account information
to verify that the information provided is true and correct prior to permitting funds to be
withdrawn from the Account.
9.14. Amused does not charge Members for card deposit or
withdrawal fees.
9.15. You agree that your Account is not to be used as a bank account.
Amused reserves the right to pass on any transaction processing fees to Members who we determine to
make deposits into their Account for purposes other than betting.
9.16. Except as otherwise
provided in our Terms of Use, Amused does not allow third party bank account holders or card holders
to transact on an Account that has not been registered in their name. Member’s must use their own or
joint deposit and withdrawal methods. Amused reserve the right to suspend any Accounts, without
notice, with third party payment details and will request confirmation of permitted use from that
third party prior to re-opening the applicable Account and allowing further
transactions.
9.17. If Amused successfully identifies third party payment transactions on an
Account; Amused reserves the right to remedy the situation. Members accept that any bets placed, or
still pending may be voided and funds returned to them. Members accept that Amused will review each
situation on a case-by-case basis taking into account deposits, withdrawals, bets and any other
information available. Members accept that when an Account has not been operated on a good faith
basis Amused may refuse future transactions and retrospectively void existing ones, at its
discretion.
9.18. Withdrawals may not be made on any Member’s Account if the Member has not
fulfilled the ID requirements, and Amused reserves the right to suspend a member’s account entirely
until those requirements have been satisfied.
9.19. If a Member opens a supplementary Account
with Amused (i.e., where one Account already exists in any state), Amused will attempt to close all
duplicate accounts. As supplementary Accounts are breaches of our Terms of Use, Members accept that
Amused’s detection of this is on a “best efforts” basis and that they are still responsible for
transactions on all Accounts held with their details. This includes attempting to override or evade
self-exclusions and deposit limits to duplicate accounts where known by the Member. Further to this,
Members must make Amused aware of instances of any duplicate account if known by them.
9.20.
Amused, at its own discretion, reserves the right to process withdrawals up to (or equal to) the
original deposited amount back to a card used to deposit by the Member.
9.21. Withdrawals are
processed at least twice per day (including on weekends and public holidays).
10. Chargebacks
10.1. Members
agree and warrant that no chargebacks or other cancellation of deposits will be made relating to
your Account without our consent. In the event of any of the foregoing occurring, you agree to
indemnify us for any costs, claims, damages and expenses relating to or arising in connection with
this, including any expense incurred by us in recovering such amounts.
10.2. If a Member
disputes a financial transaction on their Account relating to a third party (e.g., Bank), Amused may
temporarily suspend your Account, without notice, pending an investigation by us relating to the
transaction. If we incur any loss as a result of that investigation, we reserve our right to recover
such losses from you.
10.3. If you use any of Amused banking specific options, you accept
that Amused may request a certified or non-certified bank statement to verify where funds have
originated from prior to any withdrawal being approved. You also accept that Amused may decide to
return these funds at its discretion and void bets should it deem the funds may be unauthorised.
11. Fraud
11.1. Amused
reserves the right to withhold deposited funds and/or winnings from resulted bets should we
determine that a payment method or card has been misused or used fraudulently. Any matters of
inappropriate or fraudulent use of any payment method or card will be reported to the relevant
authority. The Member’s Account may also be permanently closed
11.2. Amused may employ third
party technologies to track and store technical information on the device that Members choose to
use. Members accept that this data may be used to reach decisions on investigations where Accounts
have not been operated in good faith, including but not limited to Account takeover, bonus or
betting abuse, multiple Account operations, payment method abuse etc.
11.3. Amused reserves
the right to close the Accounts of and void any or all bets made by any person, group of people or
corporation in an attempt to defraud Amused. This includes, but is not limited to, situations where
Amused reasonably suspects an account is being used by someone other than the Member.
11.4.
Amused may periodically review Accounts to monitor any activity that it might consider unusual. In
this instance, Amused reserves the right to suspend an Account pending a full investigation, without
notice.
11.5. You will not knowingly disguise or interfere in any way with the IP address of
the computer or internet enabled device you are using to access the Betting Platforms or otherwise
take steps to prevent us from correctly identifying your device or the actual IP address of the
computer you are using whilst accessing the Betting Platforms.
11.6. You shall indemnify and
shall be liable to pay us, on demand, all costs, charges, or losses sustained, or liabilities
incurred by us (including any direct, indirect or consequential losses, any loss of profit and loss
of reputation) arising directly or indirectly from your fraudulent, improper, misleading,
manipulative or other unacceptable activity (whether or not unlawful).
11.7. We may have
reason to suspect that you have been involved in fraudulent, improper, misleading, manipulative, or
other unacceptable activity (whether or not unlawful) in relation to your access to or use of our
Services. Such activity can include (but is not limited to) that you:
a. used or attempted to use
any software-assisted methods or techniques or hardware devices for participation or manipulation of
any of our systems.
b. have introduced or attempted to introduce any virus or other harmful or
malicious application or material to our systems
c. have introduced or attempted to introduce any
defamatory, obscene, abusive, or unlawful material to our systems.
d. have abused or misused any
bonus offer or promotion offered by us.
11.8. We reserve the right to close Accounts and void
pending bets if it is determined that a customer has been involved in fraudulent, improper,
misleading, manipulative, or other unacceptable activity (whether or not unlawful).
11.9. We
reserve the right to seek the fullest civil and criminal sanctions against any Customer involved in
financial crime and, where we have reasonable grounds for suspicion and without notice to you, to
notify the relevant regulatory, racing or sport governing body or law enforcement authorities where
appropriate.
11.10. Where we have a suspicion that you may have breached any of our terms and
conditions, you agree to provide to us a relevant statutory declaration or other information or
documentation requested by us to assist our investigation. Without limitation, we may require you to
declare that you have complied with our terms and conditions and provide us with reasonable evidence
of deposits made into your Account and the source of those funds.
11.11. You agree that if
you do not provide the requested statutory declaration, information or documentation within 7 days
after our request (or such further reasonable time as may be agreed in writing), that we will have
reasonable grounds to suspect that you have breached our terms and conditions and can take action
accordingly. Where we have reasonable grounds to suspect that you have breached our terms and
conditions, we may (in our discretion acting reasonably) void any bets, withholddeposits (including
you forfeiting your deposits), claim or deduct our investigation and legal costs from you, close
your account and/or block your access. You agree that this is a material condition of our terms and
conditions.
12. Amused’s rights and other matters
12.1. Amused
reserves the right to cancel, change or restrict the products or bet types at any time with or
without notice to Members.
12.2. In accordance with its Licence Conditions, Amused maintains
a separate bank account which contains sufficient funds to match every dollar of Member funds. This
requirement is regularly monitored by the NTRWC to ensure compliance.
12.3. Amused has made
considerable efforts to ensure that its betting business operates in a fair, efficient and accurate
manner. To the extent permitted by law, Amused excludes all warranties (express or implied) relating
to or arising out of the betting services we offer and excludes any liability for direct, indirect
or consequential loss, damage, expense or injury suffered by any Member arising out of:
a. our
Terms of Use;
b. use by a Member of their Account; or
c. any action taken by Amused in
relation to a Member’s Account.
12.4. Nothing in our Terms of Use affects our liability:
a. to pay any Member winnings or other amounts properly owing to such Member pursuant to our Terms
of Use;
b. for death or personal injury arising from our negligence;
c. for our fraudulent
misrepresentation; or
d. for any matter in respect of which our liability cannot be excluded or
limited under applicable law
12.5. Subject to the previous rules, and to the extent permitted
by law, Amused’s liability in respect of any claim or loss shall be limited in amount to the
relevant bet placed by a Member.
12.6. A Member may only have one Account. If a Member has
additional Account(s), then the Account balances of all associated Accounts shall be transferred
into the first Account opened by the Member (‘First Account’.) Further:
a. if, after such
transfers the First Account has a debit balance, then Amused shall be entitled to receive payment
immediately upon written request to the Member to clear the debit balance; or
b. if, after such
transfers there is a credit balance in the First Account, the credit balance will be held by Amused
until such time as a determination has been made by Amused as to whether or not there has been a
breach of our Terms of Use.
12.7. Amused reserves the right, in its sole discretion, to
determine that a Member is not eligible for certain products, bet types or promotions.
12.8.
Amused reserves the right (acting reasonably) to close or suspend the Accounts of and void any or
all bets made by any person where, in Amused’s reasonable opinion the Account has been operated with
integrity and/or the bet has not been placed on a good faith basis. This includes, but is not
limited to, situations where an Account is being used by someone other than the Member. Amused can,
in its sole discretion, withhold any or all related funds in the Account pending the outcome of an
investigation on that Account, which will be completed in a reasonable time.
12.9. Where a
Member has been referred to Amused by a third party and where that third party is an affiliate or
agent of Amused, you acknowledge that Amused may make commission payments to that third party.
Payments to agents or affiliates are unrelated to the odds or prize money offered to Members by
Amused.
12.10.The maximum pay-out (being the total winnings) to any individual Member in any
24- hour period, without prior agreement in writing to the contrary, is $200,000 (AUD).This maximum
win applies regardless of your stake.
12.11. As a responsible bookmaker Amused offers its
Members the ability to control the amount they deposit by setting a limit on the amount they can
deposit to their Account per day, week, fortnight or month (referred to as a deposit
limit).Notwithstanding anything to the contrary, the availability of any promotions or offers
provided to Members is at all times limited and subject to any deposit limit (or other
pre-commitment limit) in place on the Member’s Account from time to time.
12.12. Any
reference to a discretion which may be exercised by Amused under our Terms of Use means Amused’s
sole and absolute discretion unless otherwise stated.
13. Placement and acceptance of bets
13.1. We
reserve the right to decline, refuse, or limit, any bet (or part of a bet) that you place on our
Betting Platforms prior to its acceptance. We have no obligation to accept any bet or wager that you
may wish to place with us.
13.2. You acknowledge that when you request a bet, you are
providing a maximum value for the amount to be staked on that requested bet, being the stake value
entered by you, and that the final amount accepted for your bet may be less than this
amount.
13.3. You must exercise your own judgement in choosing to place a bet. You
acknowledge that, in placing your bet, you are not relying on any statement of any of our employees
or representatives relating to the subject matter of the bet.
13.4. Bets can only be made via
the internet. All bets placed on your Account must meet the minimum stake requirement of
$0.50.
13.5. No betting contract is formed until you have received a bet confirmation after
your bet is processed through our website or app.
13.6. No bet may be cancelled, changed, or
modified by you, in any way or form once it has been received and accepted by us. The responsibility
to verify that the bet details are correct prior to the submission of a bet resides with
you.
14. Winnings and account corrections
14.1. Returns
due on bets placed in your Account will be added to your balance as winnings once the bet has been
settled. This balance will remain in your Account unless you submit a withdrawal request for part,
or all, of the balance be returned to you.
14.2. We endeavour to ensure that no errors are
made in relation to the settlement of bets and transactions on Accounts. However, if we make any
material error (whether human or otherwise) in respect of any betting products or any Account
transactions, we will be entitled to rectify the error. This includes, without limitation,
resettling bets and withholding payouts in respect of bets affected by a material
error.
14.3. If we wrongly pay an amount to you or we pay you more than the amount to which
you are properly entitled, you agree to repay to us immediately upon request from us the amount
which has been wrongly paid or overpaid to you. You also give us permission to adjust your Account
(or make a withdrawal from another account you have with us that we have access to) to reflect the
true outcome, rectify the error and reclaim any funds paid to you erroneously, within a reasonable
time.
14.4. You agree to promptly inform us of any matter which comes to your attention from
which it might reasonably be concluded that your Account has an incorrect balance for whatever
reason or that wrong winnings or dividends have been applied to your Account, including where funds
are credited to your Account in error. Unless we notify you otherwise, any bets or transactions
relating to funds that are in your Account due to error will be void.
15. Errors With Markets
15.1. We
endeavour to ensure that no errors are made in setting markets. However, if a bet is accepted by us
which contains a material error, we reserve the right to void the bet and return your stake. This
includes, but is not limited to, where the cause is:
a. human error;
b. any type of system or
technology issue; or
c. any feed error or anomaly (howsoever caused) with any internal or
external data source from which our prices or markets are derived.
15.2. Where possible, we
will attempt to identify any material error prior to an event occurring and attempt notify you. It
may not always be possible for to us to identify a material error prior to an event occurring. If
this is the case, we will attempt to notify you within a reasonable period after the event. For
clarity, you agree that we may void a bet under this clause at any time, whether before or after a
bet has resulted. If we void a bet after it has resulted, we will make an adjustment to your account
as soon as possible.
15.3. Examples of a material error where sub-clause 15.1 will apply
include (but are not limited to) circumstances where a bet is accepted at a price (which includes
the odds, or other terms or details of the bet) that:
a. is obviously or palpably incorrect
(based on the knowledge of a reasonable punter or a reasonable bookmaker); or
b. without limiting
the preceding paragraph, is materially different to any of the following:
i. the price available
in the general market at the time the bet was made, or if no other price is available at the time of
the bet, then at the time the general market opens (based on the average price of 3 or more
reputable bookmakers, where available); or
ii. the price that a prudent bookmaker would have
offered in the circumstances on that market at that time (based on reasonable trading risk
parameters).
15.4. This clause relates to single bets and multi bets. If the erroneous price
or selection is part of a multi bet, the multi bet will be either re-calculated at adjusted
(correct) prices or by excluding the event to which the error relates, at our discretion acting
reasonably.
15.5. You agree that this clause is fair, reasonable and necessary because
of:
a. the large volume of data that is aggregated to form our markets and prices from various
sources;
b. the necessity for us to prudently manage our trading risk; and
c. our obligations
to pay various taxes and fees to governments, racing and sporting bodies, and other organisations.
16. Responsible gambling
16.1. Amused
supports and complies with the NT Code of Practice for ResponsibleService of Online Gambling 2019
(as updated or amended from time to time), available at:
16.3. You acknowledge and agree that you are liable for
your actions and all betting activity on your Amused account, and that betting involves the risk of
losing your funds.
16.4. You agree that if you have a gambling problem, that you will not
open or operate a betting account or bet with Amused. By opening or operating a betting account or
betting with Amused, you acknowledge and agree that you do not have a gambling problem. You
acknowledge and agree that Amused is not liable to you for any failure in identifying that you have
a gambling problem.
16.5.You can choose to set a deposit limit that limits the amount of
funds that can be deposited to your Amused betting account in a particular period of time. If you
set a deposit limit, you agree that you will not establish or operate another betting account with
Amused or do anything else to circumvent the deposit limit. If you do so you will be fully liable
for all activity and bets and you agree to release Amused from any and all claims and indemnify
Amused in relation to any direct or indirect loss, damage, costs and expenses which Amused may
suffer or incur as a result.
16.6. You can choose to “Take a Break” from betting on your
Account via the self-service feature on our Betting Platforms or by contacting our Customer Support
Team by telephone or email. This feature will temporarily suspend your Account for the specific
period of the break, and is not able to be reversed. Once your break has ended, you can commence to
bet again on your Account. You agree and acknowledge that if you wish to request to extend your
break, you must apply or request this.
16.7. You can choose to “Deactivate” your account at
any time via the self-service feature on our Betting Platforms, or by contacting our Customer
Support Team by telephone or email. A deactivated account will remain closed indefinitely, but may
be re-opened upon your request at any time at our discretion.
16.8. You can choose to
self-exclude either temporarily or permanently from betting with Amused. Requests for self-exclusion
must be made by contacting our Customer Support Team by email or Live Chat. Once you have
self-excluded, your access to your Account(s) will be blocked and you will not be eligible to hold
an Account with any online wagering platform operated by Amused.
16.9. If you self-exclude
with Amused, or if you are self-excluded from gambling via BetStop or the NT Government
self-exclusion scheme, you agree that you will not establish or attempt to establish or operate
another betting account with Amused, place any bets with Amused, or do anything else to circumvent
the self-exclusion. If you do so: (a) you will be fully liable for all activity and bets and you
agree to release Amused from any and all claims and indemnify Amused in relation to any direct or
indirect loss, damage, costs and expenses which Amused may suffer or incur as a result; and (b) all
bets placed during the period of your self-exclusion will be void, and Amused will be entitled to
recover any winnings paid to you.
16.10. You agree that a temporary or permanent
self-exclusion is effective only once you have completed the online or other form, or otherwise been
advised by Amused that the temporary or permanent self-exclusion is effective. If you withdraw your
request for self-exclusion before it has become effective, you agree that you are not
self-excluded.
16.11. Once a temporary self-exclusion has expired, you are no longer excluded
and can commence to bet with your Account. You agree and acknowledge that if you wish to request to
extend your temporary self-exclusion or request to permanently self-exclude, you must make a new
request to self-exclude via our Betting Platforms, or by contacting our Customer Support Team by
telephone or email.
16.12. You can choose to close your account at any time. You agree that a
request for account closure (including a request for permanent account closure or similar words) is
not a request for temporary or permanent self-exclusion. For a self-exclusion to be effective, you
must complete the self-exclusion process.
17. Information provided to Australian bodies
17.1. Amused
reserves the right to provide an Australian body (defined below), with:
a. records or documents
in the possession or control of Amused relating to betting transactions of the Member; and
b. the
name, contact details and similar identifying information in the possession or control of Amused
relating to that Member.
17.2. Such information will only be provided to assist in a
legitimate inquiry conducted by an Australian body to maintain the integrity of the sport. For the
avoidance of doubt, the Member consents to Amused providing the above information to an Australian
body.
17.3. For the purposes of this Rule, ‘Australian body’ is an Australian organisation
that has a regulatory or sanctioning function and includes each of the Australian State and
Territory racing authorities, sports controlling bodies and police.
18. Inactive accounts
18.1. Your Account will become inactive if you have not made a deposit or placed a bet on your Account for a period of more than 18 months (‘Inactive Account’). To keep an Inactive Account open you must pay a fee of $10 per month (‘Administration Cost’) which will be deducted from your Inactive Account (unless your Account balance is $0). To avoid the Administration Cost, you can simply either place a bet or withdraw your funds into your bank account. If this occurs your Account will no longer be deemed an Inactive Account. We will endeavour to give all customers reasonable notice of this before any deductions are made.
19. Communication
19.1. Any bet
must be made by you on our Betting Platforms.
19.2. By providing us with a postal and/or
email address and/or telephone number at which to contact you, you warrant that we will always be
able to contact you promptly at the address and/or number in question. If any of these contact
details become obsolete or ineffective, you must notify us immediately and provide us with an
effective alternative.
19.3. A communication that has been sent or made available to you will
for all purposes be deemed to have been received by you.
19.4. You agree that we may phone
the registered telephone number supplied by you at time of registration to verify your account at
any time. An account may be subject to closure if an invalid phone number or one belonging to a
third party is inputted. We may suspend your account if we are unable to contact you on your
registered phone number.
19.5. We will only communicate by email with you at the email
address registered to your account. Email communications from difference email addresses will not be
responded do.
19.6. We will not be held responsible for correspondence sent to you/messages
left for you at a previous postal address, email address or telephone number, if the correspondence
was sent to/ message left at the address or number we have for you on record, and you have not
notified us in writing of any changes to that address or number. It is your responsibility to notify
us of any significant time that may be spent away from your normal contact points, whether overseas
or not. Alternative contact details must be provided. The address you provide us with at any given
time should be your primary home address, which is current, and accurate. If you move abroad, you
must tell us immediately.
20. Maintenance
20.1. It may be necessary from time to time to suspend one or more of our online betting platforms in order to carry out upgrades, repairs and maintenance. We shall endeavour to give you prior notice of any such occurrences, but this may not always be reasonably practicable.
21. Technological failure and exclusion of liability
21.1. We will
not in any event be responsible or liable for any loss, loss of profit, revenue, business, contract,
goodwill or data or any consequential loss or damage (being loss or damage arising from our breach
of our Terms of Use that we could not have reasonably been expected to foresee when we entered into
our Terms of Use with you) arising from the use or unavailability of our Services. Such loss and
damage may result from (including but not limited to):
a. the unavailability whether for
technical reasons or otherwise of any one or more of our betting platforms and/or software and/ or
Betting Platforms so that you are unable to communicate or trade with us (including without
limitation because, for example, all our telephone lines are busy or through the loss of internet
communication); or
b. an inaccuracy or mistake in any information given to you or in carrying out
your instructions; or
c. the closure of your Account or avoidance of any Bet in accordance with
our Terms of Use; or
d. as a result of the unauthorised access to our Services by a third party
or the corruption of data sent by you to us or by us to you.
21.2. We take reasonable
precautions to ensure that data generated and used by us has been swept for viruses, but it is your
responsibility to ensure that the transmission, opening or use of such data to you will not
adversely affect your systems or data. You should ensure that your computer has up to date virus and
malware detection software and that you carry out such virus and other checks as you consider
appropriate. No responsibility is accepted by us for losses that you may suffer as a result of
viruses on your device which includes but is not limited to infection with malware, Trojan virus and
keylogging software.
22. No Warranty
22.1. We will
endeavour to provide our Betting Platforms and any content within them (including information about
sporting events such as scores and form guides and other information) with reasonable skill and
care, and take reasonable steps to ensure that our third party contractors who provide us with
content or services also take reasonable skill and care. However, our Betting Platforms are provided
“as is” and we do not make any warranty or representation, whether express or implied, about them.
All implied warranties or conditions are excluded except where we are unable to do so under the
Australian Consumer Law.
22.2. Information contained within our Betting Platforms is provided
for your entertainment only. We provide no warranty as to the accuracy of this information and you
should not rely on it without independent verification prior to placing your bet. Subject to your
rights under the Australian Consumer Law, we will not be liable to you as a result of any errors in
information on our Betting Platform.
22.3. While we will try to correct reported faults or
incorrect content as soon as we reasonably can, we make no warranty that our Betting Platforms and
any content within them will meet your requirements or will be uninterrupted, timely, secure or
error-free, or that defects will be corrected, or that our Betting Platforms (including our servers)
are free from viruses or bugs or represent that they will be functional, accurate or reliable.
23. Severability
23.1. Each clause within our Terms of Use (or part thereof) is severable. If any terms or conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition (or part thereof) will to that extent be severed from the remaining terms and conditions (which will continue to be valid).
24. Force majeure events
24.1. We may,
in our reasonable opinion, determine that an emergency or an exceptional market condition exists (a
“Force Majeure Event”), in which case we will, as soon as is reasonably practicable take reasonable
steps to inform you of this by email, if you have provided us with an email address, and by post or
telephone, if not.
24.2. A Force Majeure Event shall include, but is not limited to, the
following:
a. any act, event or occurrence (including, without limitation, any strike, riot or
civil commotion, epidemic, pandemic, interruption of power supply, electronic, communication
equipment or supplier failure) which prevents us from offering or continuing to offer one or more of
our Markets at all or in a manner that wereasonably consider to be a fair betting market.
b. The
suspension, closure, abandonment or failure of any event upon which we base, or to which we in any
way relate, our Markets, or the imposition of limits or special or unusual terms on the betting in
any such Market or on any such event, which prevents us from offering or continuing to offer one or
more of our Markets at all or in a manner that we reasonably consider to be fair betting market;
or
c. the occurrence of an excessive movement in the level of any of our prices and/ or any
corresponding Market or our anticipation (acting reasonably) of the occurrence of such a movement
prevents us from offering or continuing to offer one or more of our Markets at all or in a manner
that we reasonably consider to be a fair betting market.
24.3. If a Force Majeure Event has
occurred, we may at our discretion and without notice to you, take steps to the extent that our
actions are necessary or reasonable by way of obviating or reducing the commercial risks stemming
from the Force Majeure Event.
25. Sky Racing
25.1. Amused
has been licensed the right to broadcast selected racing events via Sky Racing 1 and Sky Racing 2
(the Sky Racing Service).
25.2. When using the Sky Racing Service, you must comply with these
Terms of Use, and any notices and disclaimers provided on our Betting Platforms
25.3. Amused
does not guarantee access to any particular racing events on the Sky Racing Service. The content
provided in the Sky Racing Service is covered by various media rights agreements with content
providers.
25.4. Amused reserves the right to remove or alter the content on the Sky Racing
Service at any time from the Amused digital apps and websites.
25.5. The Sky Racing Service
will only be available to Members with an active Account located in Australia.
25.6. You
must:
a. only access the Sky Racing Service on mobile devices or personal computers that are
owned by you or in your primary possession;
b. only view the Sky Racing Service on a viewing area
no greater than 11 inches diagonally, and not do anything to display the Sky Racing Service in a way
that expands the size of the viewing area;
c. not cast, mirror, throw or retransmit the Sky
Racing Service from a mobile device or personal computer to any other device, including televisions
or other mobile devices by screen mirroring, casting or any other method;
d. only use the Sky
Racing Service for non-commercial, personal use in Australia, and not do anything to circumvent the
technological restrictions in place and try and access the Sky Racing Service outside
Australia;
e. not modify, copy, reproduce, or sell the content on the Sky Racing Service in any
way
f. not use a trade mark displayed on the Sky Racing Service without the relevant owner’s
written consent.
25.7. Amused reserves the right to suspend or permanently refuse the Sky
Racing Service to any Member for any reason, including misuse of the Sky Racing Service, and any
breach of the restrictions set out in these Terms of Use.
25.8. You acknowledge that there is
usually a short delay between the commencement of a racing event and the transmission of the race on
the Sky Racing Service. Amused will not be liable for any delays or unavailability in the operation
or transmission in the Sky Racing Service.
25.9. You acknowledge that the Sky Racing Service
is supplied by Sky Channel Pty Ltd (Sky), and Amused cannot, and will not be held responsible for
any delays or unavailability of the Sky Racing Service.