Terms and Conditions

Part A: General Terms and Conditions

1 Introduction


1.1 By establishing Accounts with us, you agree to be bound by these Terms and Conditions.

1.2 If particular types or styles of Products are unavailable for purchase through your Accounts or if particular retail (online or in-store) 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 channels are operational.

1.3 If there is an inconsistency between Part A (General Terms and Conditions) and any of the Terms and Conditions contained in Parts C and D, the Terms and Conditions in Parts C and D will prevail to the extent of any such inconsistency.

1.4 The Terms and Conditions are subject to the Legislation and Rules. In the event of any conflict between the Legislation, Rules and/or the Terms and Conditions, the first-listed will prevail to the extent necessary to resolve the conflict.
 

2 Our agreement with you – Acceptance of Terms and Conditions


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

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

3 Warning and Warranty


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

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

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

3.4 From time to time, our Digital 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.

3.5 We cannot and do not guarantee that files available for downloading from our Digital 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.

3.6 We may at any time and without notice amend the help pages and other procedures and explanatory information displayed on or accessible within our Digital Channels.
 

4 Indemnity and Limitation of Liability


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

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

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

(a) arising directly or indirectly out of your use of our Digital Channels and any content within our Digital 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 our Digital 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.
 

5 Registration


5.1 You will only be able to offer to purchase Products from the Product Suppliers using our Digital Channels if:

(a) you have made, and we have accepted your application for registration with us; and

(b) we make available the option for you to offer to purchase Products from the Product Suppliers through your Accounts.

5.2 To purchase Products from Product Suppliers through our Digital Channels you must apply for an Account and to be registered as a Member. If you make such an application, and we accept that application:

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

(b) where relevant, a Product Supplier will open a Product Account in your name, and you will be registered as a Member;

(c) if offered by us, you will be able to make deposits into your Accounts;

(d) if offered by us, you will be able to offer to purchase Products from Product Suppliers who have opened a Product Account in your name;

(e) we may also allow you to use funds in your Accounts to purchase Products in-store from your relevant Product Supplier who opened a Product Account in your name;

(f) you will be registered as a Restricted Member for all your Accounts until such time as your identity, age, and State or Territory of residence have been verified in accordance with our identity verification procedures at which time we may register you as an Unrestricted Member.

5.3 Various functions within, and the operation of your Accounts will be subject to us completing identity verification procedures referred to above. You can read more about our identity verification procedures and Restricted / Unrestricted Member processes in Part B.

5.4 We may allow you to apply to register for a Corporate Account only. If we accept your application for registration for a Corporate Account only, your account may enable you access to certain promotions that we offer from time to time but you will not be able to offer to purchase Products from Product Suppliers unless you choose to upgrade and we accept your application for registration to a Product Account. Where this clause 5.2 applies, only the relevant Terms and Conditions in this clause "5. Registration" will be operative to your Account.

5.5 You can only make an application for an Account and registration as a Member:

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

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

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

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

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

(a) we may cancel or suspend your Accounts;

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

(c) where you have committed a serious breach of this clause 5.6, including where there has been a breach of law, each relevant Product Supplier may retain (or recover from you) the value of those Product purchases and any winnings paid to you.

5.7 We do not agree to:

(a) accept your application for registration;

(b) accept your deposit of funds;

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

(d) pay you any winnings,

while you are prohibited by any law from such activity. We therefore rely upon your warranties in clause 5.5 of this Part A and you indemnify us from any Loss, Claim or Liability arising from those warranties being incorrect.
 

6 Use of your Accounts


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

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

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

(b) are held in different capacities.

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

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

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

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

6.6 Only you may transact on your Accounts. We do not recognise or acknowledge anyone other than you, as Member, in relation to the Accounts or any transactions on them or funds contained in them.

6.7 Where you apply to register for a Corporate Account only, then only the relevant Terms and Conditions in this clause "6. Use Of Your Accounts" will be operative to your Account unless you choose to upgrade and we accept your application for registration to a Product Account also.
 

7 Account Security and Responsibility for Your Accounts


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

7.2 When you apply for registration, you will be required to nominate a username and password and to provide other verification information.

7.3 In order to access your Accounts and offer to purchase Products, you must authenticate your identity by entering your username and password or using such alternative authentication mechanism as we may make available from time to time.

7.4 It is your responsibility to ensure that:

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

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

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

7.5 You may change your username, password or other verification information or suspend access to your Accounts at any time by contacting us in the manner set out in clause 14.6.4 of this Part A. If you inadvertently disclose your username and/or password to anyone you should immediately contact us and/or change your username and password.
 

8 Depositing funds into your Accounts


8.1 Information regarding how to make deposits is provided within our Digital Channels.

8.2 You may deposit funds into your Accounts, subject to clause 8.7 of this Part A, by:

(a) charging to certain debit or credit cards accepted by us, subject to clause 8.7 of this Part A;

(b) any other service we may make available from time to time in the manner shown within our Digital Channels which include but are not limited to deposit by PayPal, BPAY®[1] and transfer from your bank account.

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

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

8.5 Deposits of funds into your Accounts will only be recognised when we have received confirmation from the Third Parties referred to in clause 8.4 of this Part A that the funds have been cleared for our use.

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

8.7 Deposits you make are subject to the following terms:

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

(b) You cannot, subject to sub-paragraph (c) below, withdraw any deposits made by any Funding Source until the deposit has been turned over.

(c) Should your Account be closed pursuant to clause 11.1 of this Part A, amounts deposited which have not been turned over may only be transferred back (on request) to the Funding Source from which they were deposited. 

(d) You may cancel the authority to deposit funds via any Funding Source at any time by notifying us in accordance with clause 14.6.4 of this Part A.

(e) Deposits may be considered a cash advance by, or may not be available due to a decision of, the issuer of your Funding Source. If deposits are considered a cash advance by the issuer of your Funding Source, for example deposits made by credit card (either directly or as a funding instrument to another Funding Source), the deposit may attract interest from your issuer accordingly. You should contact your issuer for further information.

(f) We reserve the right to deny one or more specific Funding Sources to any Member and may withdraw this service from you at any time.

8.8 We may from time to time impose limitations on your Accounts. The limitations (if any) are shown within our Digital Channels. We will notify you of all of the following changes to limitations on deposits to your Accounts:

(a) minimum deposits;

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

(c) minimum balances; and

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

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

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

8.11 Where you apply to register for a Corporate Account only, then only the relevant Terms and Conditions in this clause "10. Depositing Funds Into Your Account" will be operative to your Account unless you choose to upgrade and we accept your application for registration to a Product Account also.
 

9 Withdrawing Funds from Your Accounts


9.1 Information regarding how to make withdrawals from your Accounts is provided within our Digital Channels.

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

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

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

9.5 We may:

(a) temporarily block your Accounts if we consider that a withdrawal request or the continued operation of such Accounts is illegal or constitutes an offence; and

(b) withhold payments of any nature and void all your winnings if you have committed a serious breach of clause 5.5 of this Part A, including where there has been a breach of law.

9.6 We may from time to time impose limitations on withdrawals from your Accounts. The limitations (if any) are shown within our Digital Channels. We will notify you of all of the following changes to limitations on your Accounts:

(a) minimum withdrawals;

(b) maximum withdrawals;

(c) minimum balances; and

(d) maximum balances.

9.7 Where you apply for a Corporate Account only, then only the relevant Terms and Conditions in this clause "11. Withdrawing Funds From Your Account" will be operative to your Account unless you choose to upgrade and we accept your application for registration to a Product Account also.
 

10 Inactive and Dormant Accounts


10.1 If there have been no transactions on your Corporate Account (either by depositing funds into or withdrawing funds (including winnings) from your Accounts or purchasing Products) for a continuous period of 13 months, we may give you notice that if your Corporate Account continues to be Inactive for a further 1 month period immediately following our notice to you, we will charge your Corporate Account an account maintenance fee of $5.50 per month (including GST) from the time that your Corporate Account becomes an Inactive Account and for as long as your Corporate Account remains Inactive. This fee represents the reasonable costs incurred by us in maintaining your Corporate Account throughout extended periods of inactivity. If we do not give you notice, no account maintenance fee will be charged.

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

11 Suspension or Closure of your Accounts


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

11.2 Where we reasonably believe an incorrect, fraudulent or unauthorised transaction has or will take place within your Accounts, we may suspend your Accounts at any time without giving you notice whilst transaction(s) are investigated.

11.3 You may suspend any of your Accounts or, if you are an Unrestricted Member, you may close any of your Accounts, at any time by notifying us  and requesting that any of your Accounts be suspended or closed. You must become an Unrestricted Member before you can close any of your Accounts.

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

(a) deposit funds to the relevant suspended Accounts;

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

(c) withdraw funds from the relevant suspended Accounts, until the suspension on your relevant Accounts is lifted. We are not liable to you in any form for your inability to use your Accounts while they are suspended.

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

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

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

or you act in a manner that poses a material risk to us, then we may immediately suspend or close your Accounts.

11.6 If we suspend or close your Accounts pursuant to clause 11.4 of this Part A, we will make reasonable efforts to notify you and provide our reasons for suspending or closing your Accounts.

11.7 Subject to clause 11.4 of this Part A, if at the time when your Accounts are closed:

(a) you are an Unrestricted Member; and

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

we will, as soon as reasonably practicable, remit to you the balance of your Accounts, less applicable costs, fees and charges (refer to clause 12 of this Part A) 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.

11.8 Subject to clause 11.8 of this Part A, if at the time when your Accounts are closed:

(a) you are an Unrestricted Member; and

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

the total balance of your Accounts, less applicable costs, fees and charges (refer to clause 12 of this Part A), will be available for collection from the following locations for a period of 90 days following the closure of your Accounts:

- 5 Bowen Crescent, Melbourne, Victoria, 3004
- Shop 1, 180 Ann Street, Brisbane, Queensland 4000
- 6 Memorial Drive, Granville, New South Wales 2142
- 188 Richmond Road, Marleston, South Australia 5033

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

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

(a) are an Unrestricted Member; and

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

we will send you the proceeds from those purchases, if any, after the results of all such purchases have been determined and in accordance with any applicable time periods stipulated in the Rules, less applicable costs, fees and charges (refer to clause 12 of this Part A) 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.

11.10 The provisions of clauses 11.6, 11.7 and 11.8 of this Part A do not apply where you have closed your Accounts within 30 days of our notifying you of a change to the Terms and Conditions. Where your Accounts are closed in these circumstances, provided that you are an Unrestricted Member, we will, as soon as reasonably practicable, remit to you the balance of your Accounts, if any, without any additional fees or charges, by electronic transfer to your Designated Account or by cheque made out to you and posted to your residential address, unless otherwise agreed by us. The proceeds, if any, from any Product purchases which have not been resulted at that time will be sent to you after the results of all such purchases have been determined and in accordance with any applicable time periods stipulated in the Rules, by electronic transfer to your Designated Account or by cheque made out to you at your residential address, unless otherwise agreed by us.
 

12 Fees and recovery of funds


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

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

(a) in providing services to you;

(b) in respect of Products purchased by you;

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

i. charges arising from a dishonoured cheque;
ii. credit card transaction fees; and
iii. charges in obtaining authorisation or confirmation from the relevant financial institution that the funds will be credited to our bank account;

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

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

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

and you hereby authorise us to effect such recovery by:

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

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

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

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

13 Privacy


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

13.2 We may use your Account Data for behavioural modelling to assist us in identifying Members who may be at risk of problem gambling. If you do not consent to us collecting your Account Data for behavioural modelling, we will be unable to process your application.

13.3 By opening Accounts with us, you consent to us contacting you by any communication means (for example, email, SMS, letter, social media) to provide you with information about your Accounts and Membership. You will also be provided with an opportunity to opt into receiving direckt marketing about upcoming events, promotions, new products and services or other similar opportunities (including, for example, charitable and not-for-profit raffles and promotions). Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out. If you do not wish to receive direct marketing, you can opt-out of any or all of them at any time by updating your communication preferences within your Account or by contacting us.

13.4 Your personal information will be dealt with in accordance with the Tabcorp Privacy Policy which is displayed at https://www.tabcorp.com.au/privacy. You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.

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

13.6 This clause survives termination of your registration with us.
 

14 General


14.1 Assignment: Tatts Online and/or each relevant Product Supplier may assign the rights and obligations under these Terms and Conditions to a Related Body Corporate. We will give you notice no later than 30 days after any such assignment occurs. If you consider the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us.

14.2 Variation of Terms and Conditions:

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

(a) getting your consent; or

(b) complying with this clause.

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

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

(a) benefit you; or

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

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

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

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

(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.

14.2.4 The notification in clause 14.2.3 of this Part A will specify the date of commencement of the change to the Terms and Conditions.

14.2.5 If you are an Unrestricted Member and consider that any change to the Terms and Conditions is detrimental to you, you may close your Accounts during the 30 day notice period without any fees or charges, notwithstanding clause 12 of this Part A.

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

14.4 Cross References: There are clauses in the Terms and Conditions which cross reference or link to information within our Digital 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.

14.5 Intellectual property:

(a) Intellectual property does or may subsist in or relate to the content within our Digital Channels, including, but not limited to, copyright, patents and trademarks, 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 our Digital Channels and by accessing and using our Digital Channels, you acknowledge such ownership and/or licence.

(b) No data, file, graphics, images, results or other content within our Digital Channels including content downloaded from our Digital Channels and material you may receive in connection with our Digital 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 or distribute, interfere with, create derivative works from or decompile any such content.

14.6 Notices:

14.6.1 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 section 14.2 of this Part A;

(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 within our Digital Channels.

14.6.2 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 within our Digital Channels, it is taken to be received by you at the time the information is made available within our Digital Channels.

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

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

(a) mail addressed to Notices, The Lott, Locked Bag 1, Spring Hill, Queensland, 4004;

(b) email to customersupport@thelott.com;

(c) through the Website (where available).
 

Part B. Tatts Online Terms and Conditions

1 Introduction


1.1 Your Corporate Account is managed by Tatts Online.

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

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

2 Privacy


2.1 You authorise us to disclose the information provided by you to us, to our Related Bodies Corporate, relevant financial institutions, in the manner set out in clause 5.7 of Part A, and our agents and sub-contractors for the purpose of verifying your identity and validating and obtaining authorisation for any deposits and withdrawals made by you, for the administration of your Accounts, and for carrying out marketing, planning, product development, administration of our Digital Channels and research.
 

3 Purchasing Products from Product Suppliers


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

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

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

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

4 Right of Set Off


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

5 Foreign Currency Amounts


5.1 Your Product Accounts are Australian dollar accounts.  

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

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

5.4 You agree to accept any and all foreign exchange fees, costs, charges, taxes, imposts, levies or duties imposed on us by Third Parties and which are incurred by us in receiving funds deposited by you or transferring funds withdrawn by you from your Accounts.  Details regarding additional fees and charges which may apply can be found in clause 12 of Part A.
 

6 Interest


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

7 Unclaimed Money


7.1 Funds in your Corporate Account are available and accessible to you until such time as your Accounts are closed. Immediately prior to funds standing to the credit of your Corporate Account becoming unclaimed money, as defined in the Unclaimed Money Act 2008 (Vic), you agree that:

(a) if you are a resident of Queensland, New South Wales, the Australian Capital Territory, South Australia, Tasmania or the Northern Territory, those funds may be transferred to one of your Product Accounts (at our discretion); or 

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

8 Jurisdiction

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

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

Part C. Online Product Account Terms and Conditions

1 Introduction


1.1 The Product Suppliers are each authorised to conduct to sell lotteries or have been appointed as agent to sell lotteries through our Digital Channels in their relevant jurisdiction/s.

1.2 The Product Suppliers separately govern and maintain the Digital Channels in their respective jurisdiction/s.

1.3 This Part C contains Terms and Conditions that are specific to your Product Account and the goods and services your Product Supplier provides. This Part C should be read in conjunction with Parts A, D and E which form part of the Terms and Conditions that apply to your Product Account.

1.4 The laws governing the operations of lotteries conducted by your Product Supplier are contained in the relevant Legislation.

1.5 If your Product Supplier accepts any offer you make purchase an entry, that offer, and acceptance is made in the relevant jurisdiction of that Produt Supplier. You are deemed to receive notification of that acceptance of and an agreement between you and your Product Supplier is formed in the relevant jurisdiction of that Product Supplier.

1.5 In this Part C, “us”, “we” and “our” means your Product Supplier.
 

2 Registration and Account Use


2.1 Where you make, and we have accepted your application for an Account and register you as a Member, your Product Account will be issued by the relevant Product Supplier based on the State or Territory of residence you supplied at the time of registration:

(a) where you have made an application to become a Member and reside in the State of Queensland, your Product Supplier is Golden Casket;

(b) where you have made an application to become a Member and reside in the State of Victoria or Tasmania, your Product Supplier is Tatts.com on behalf of Tattersall's Sweeps;

(c) where you have made an application to become a Member and reside in the Northern Territory or selected international jurisdictions deemed eligible by us from time to time, your Product Supplier is Tatts.com on behalf of Tatts NT;

(d) where you have made an application to become a Member and reside in the State of New South Wales or the Australian Capital Territory, your Product Supplier is NSW Lotteries; or

(e) where you have made an application to become a Member and reside in the State of South Australia, your Product Supplier is Tatts SA.

2.2 Subject to the rest of this clause 2 and to these Terms and Conditions, you may use your Product Account to offer to purchase Products from us using our Digital Channels and any other methods made available by us from time to time. When offering to purchase Products from us, you warrant to us that you were and remain legally entitled to:

(a) apply for registration;

(b) deposit funds with us; and

(c) purchase Products and receive winnings from us.

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

2.3 We do not guarantee to accept any offers you make to purchase Products and may refuse to do so in our absolute discretion without notice to you and without giving reasons.

2.4 As noted in Part A, when we accept your application for an Account and registration as a Member, you are registered as a Restricted Member until such time as you have satisfied our identity verification procedures, after which we may register you as an Unrestricted Member.

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

(a) close any of your Acounts; or

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

2.6 To become an Unrestricted Member, we must verify your identity, age and State or Territory of residence in accordance with our identity verification procedures and you authorise us to make such enquiries as we consider necessary in our discretion to verify the personal information provided by you. Full information on our identity verification procedures can be found within our Digital Channels. You may be asked to update or clarify further information from time to time under our 'know your customer' obligations imposed by law and regulation. Any failure by you to respond satisfactorily to a request for further information will entitle us to immediately suspend or close your Accounts under clause 11 of Part A.

2.7 If you do not become an Unrestricted Member within:

(a) forty-five (45) days of being registered as a Restricted Member within the Northern Territory or selected international jurisdictions determined eligible by us from time to time; or

(b) ninety (90) days of being registered as a Restricted Member within any other Australian State or Territory,

we will suspend your Product Account.

2.8 If your Product Account is suspended in accordance with clause 2.7 and:

(a) your Product Supplier is Golden Casket:

i. the status of your Product Account will remain suspended for 12 months after the day you were registered as a Restricted Member;
ii. if you have not become an Unrestricted Member (i.e. your identity, age and State or Territory of residence have not been verified in accordance with our identification procedures) within 12 months after the day you were registered as a Restricted Member, your Product Account will be closed, and any balance of funds stated to the credit of your Produt Account will be remitted to the Queensland Office of Liquor and Gaming Regulation; and
iii. once your Product Acount has been closed because of this clause 2.8(a), it cannot be re-opened, and you will be required to submit a new application.

(b) your Product Supplier is not Golden Casket:

i. the status of your Product Account will remain suspended until you become an Unrestricted Member (i.e. until your identity, age and State or Territory of residence have been verified in accordance with our identity verification procedures) and;
ii. any balance of funds standing to the credit of your Product Account at the time of suspension will continue to be held on trust in one or more of our general accounts (refer to clauses 6.4 and 6.5 of Part A) until you become an Unrestricted Member (i.e. until your identity, age and State or Territory of residence have been verified in accordance with our identity verification procedures).
 

3 Rules


3.1 The relevant Rules govern each Product in which you may be able to purchase entries through our Digital Channels. The Products purchased by you will be supplied in accordance with:

(a) the Rules relevant to the Product purchased;

(b) the relevant Legislation and all other applicable laws; and

(c) these Terms and Conditions.

3.2 Links to the Rules are accessible within our Digital Channels.
 

4 The Lott Members Club Program


4.1 By establishing a Product Account with us, you will be registered in The Lott Members Club Program and be issued with an electronic Player Card. You may also elect to receive a physical Player Card.

4.2 The The Lott Members Club Terms and Conditionss are provided in Part D.
 

5 Purchasing Products via our Digital Channels


5.1 How you may offer to purchase entries is explained within our Digital Channels.

5.2 We may only accept offers to purchase Products from Members in whose names an Account has been opened and where sufficient funds are available in the Member's Accounts to purchase the Products. We may, at our discretion, refuse a proposed purchase.

5.3 When submitting a purchase request within our Digital Channels you are:

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

(b) authorising a debit of your Accounts with the cost of the Product.

5.4 On receipt by us of your offer to purchase, our lottery system will attempt to give effect to your offer. If accepted we will issue an entry which will appear within the Ticket History of your account. We may also provide your entry number and other details relating to your Product purchase to you by email.

5.5 You must check the details of the Product that you purchase at the time of purchase. If the entry does not appear within the Ticket History of your Account, your offer to purchase a Product may not have been accepted by use and you should contact us immediately.

5.6 An offer from you to purchase must be received and accepted by us and our lottery system prior to the close of acceptance of entries into the relevant draw for the Product. Your offer to purchase a Product is not a valid purchase until it:

(a) is accepted by us; and

(b) is recorded in our lottery system as a valid entry.

5.7 Copies of the details of a Product purchase can only be used as evidence of an entry into a Product draw if the details match the full details recorded in our lottery system. We will not recognise computer printouts and other records provided by you as evidence of your purchase of Products.

5.8 Subject to clause 5.9 of this Part C, you may request to cancel an entry you have purchased, but only prior to the close of acceptance of entries for the draw. If your entry is purchased as a multi-week or is an entry into Set for Life, the cancellation request must be submitted and received by us prior to the close of acceptance of the first draw applicable to that entry. If you have purchased an entry into Lukcy Lotteries, the cancellation request must be submitted and received by us on the same day the entry was purchased and prior to the close of acceptance of entries for the draw.

5.9 Any request by you to cancel an entry and/or return a Product is subject to our discretion, our ability to cancel the entry through our lottery system, and any relevant restrictions in the Legislation or Rules.

5.10 We:

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

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

5.11 In circumstances where you have commenced making an offer to purchase which cannot be completed for any reason (e.g. as a result of a failure or break in your connection to the internet or in the connection between you and our Digital Channels or between our Digital 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 Accounts will be debited for the cost of the Product.

5.12 If our Digital Channels or our computer systems 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) our confirmation of acceptance of your offer to purchase, and we are unable to recover or verify the status of that offer to purchase Products during data recovery,

then such unfinished or interrupted offers to purchase Products will be deemed void and not to have been placed. Any necessary adjustments will be made to your Accounts.

5.13 Offers to purchase Products may be refused if we reasonably suspect or know that our computer system failed to function in the way it was desigend and programmed to function.

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

6 Purchasing of Products via Subscription


6.1 If offered by us, you may create a Subscription to automatically purchase a specific Product based on the options requested by you provided that:

(a) you are an Unrestricted Member;

(b) you have not excluded yourself from purchasing Products using your Product Account;

(c) the purchase will not exceed any nominated or imposed purchase limits; and

(d) your nominated payment method is kept up to date.

6.2 The instructions on how to create a Subscription and options we offer for Subscriptions are set out within our Digital Channels.

6.3 By creating a Subscription you agree:

(a) your Subscription entry will continue for the frequency nominated by you at the time of creating your Subscription, or until you amend your Subscription by pausing or cancelling the Subscription from time to time in the manner specified within our Digital Channels, or until we amend your Subscription in accordance with clause 9.4(d). Subscriptions to purchase into Lucky Lotteries Products may contain more than one draw per day.

(b) your Accounts will be debited to pay the selling fee for your Subscription as soon as practicable in the week leading up to the draw which the relevant Product relates and at the time the relevant Product is subscribed to. Should the selling fee for Products on your Subscription increase or decrease you are subject to that increase or decrease in the price payable by you.

(c) where the cost of your Subscription exceeds the funds available within your Accounts, you authorise us to deposit the balance of funds required into your Accounts from the backup payment method nominated by you at the time of creating your Subscription to complete the purchase of your entry. If the backup payment method linked to your Accounts is not up to date, then your offer to purchase lottery products will not be accepted. In the event there are multiple offers to purchase rejected because of your failure to keep your backup payment method up to date, then your Subscription may be suspended or cancelled.

(d) that we may modify, suspend or cancel your Subscription by providing reasonable notice to you.

6.4 It is your responsibility to ensure:

(a) that your Subscription entry has been successfully processed and accepted by us as requested by checking your Account;

(b) that your contact information is kept up to date at all times to ensure the timely delivery of any notifications associated with your Subscription;

(c) that you reactivate any paused or expired Subscriptions that you wish to continue;

(d) that you pause or delete any Subscriptions you no longer wish to continue by accessing your Accounts and following the instructions within our Digital Channels;

(e) that you can cancel any unwanted entries purchased via your Subscription in accordance with the Terms and Conditions of the relevant Product Supplier; and

(f) you make separate arrangments to cancel your Accounts and/or Subscriptions in the event of death or incapacity.
 

7 Limits on the amount of lottery purchases


7.1 We may place limits on purchases of Products that can be made by you, the limits may be in monetary value or in volume, or a combination of both and may relate to specific time periods.

7.2 Where we impose limits, we will notify you of this limitation where praticable. If you believe that the limit is detrimental to you, you may close your Accounts without any fees or charges.

7.3 We may provide you with the ability to place your own limits on purchases of Products that can be made by you.
 

8 Payment of Prizes


8.1 Any prize on an entry in a Product:

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

(b) if you are:

i. an Unrestricted Member, will be credited from your Product Account to your Corporate Account; or
ii. a Restricted Member, will be credited to and held in your Product Account for as long you remain a Restricted Member

within the relevant timeframes stipulated in the Rules.
 

9 Offering of vouchers or rewards


9.1 We may from time to time offer you rewards of vouchers to use as part of making an offer to purchase. A reward or voucher may be claimed when using your relevant Product Account in accordance with the specific terms and conditions of the offer which will be available wherever the offer is displayed.

9.2 Instructions and information on how to use an offer form part of these terms and conditions, and participation is deemed acceptance of the terms and conditions. All other terms and conditions applicable to this offer in these terms and conditions apply.

9.3 Any offer made is available only to persons who are 18 years of age or older and who has received the offer from us and is the intended recipient and eligible to use the offer.

9.4 Any offer made is valid and must be redeemed by you, using your relevant Product Account, within the relevant offer period for entertainment and recreational purposes only and cannot be redeemed for cash.

9.5 Any offers that have been redeemed will be visible within the transaction history of your Product Account. Where the offer is for a specific draw or event, the offer can only be used to purchase single entries (i.e. excludes entries purchased into draws from a subscription purchase).

9.6 Any offer may be used in full or in part within the offer period, however any unused offer balance remaining at the end of the offer period for any reason whatsoever will expire and will no longer be available to you.

9.7 If an entry purchased by you as an Unrestricted Member in whole or in part with the offer and is then cancelled by you, then the value of the offer, or portion of the offer used, will return to being available to use in your Product Account for the remainder of the relevant offer period.

9.8 If an entry purchased by you as a Restricted Member in whole or in part with the offer and is then cancelled by you, then the offer, or portion of the offer used, is forfeited and will no longer be available to use.

9.9 We are not responsible for any problems, technical malfunctions of the system or internet associated with claiming the offer and/or accessing your Product Account which is necessary for you to use the offer.

9.10 We reserve the right, at any time, to verify the identity of a participant and if necessary, disqualify any person from participating in the relevant offer if you are not over 18 years of age.

9.11 If we suspect that the offer is misused or that you have not acted in good faith then your Product Account may be suspended and your right to participate in the offer will be revoked.

9.12 Our decisions are final, and no correspondence will be entered into.

9.13 We reserve the right to delay, modify, cancel or change any offer at any time throughout the offer period.
 

10 Promotions


10.1 We may from time to time:

(a) offer for you to enter promotions, including, for example the Instant Scratch-Its 2nd Chance Draw; and/or

(b) enter you into certain promotions which, based on the information you have provided to us, we consider you may be eligible for.

10.2 Any promotion we offer will be subject to promotional terms and conditions, which will be available within our Digital Channels. Instructions and information on how to enter a promotion form part of the promotional terms and conditions. If there is an inconsistency between this clause 10.2 and any of the relevant promotional terms and conditions the relevant promotional terms and conditions prevail to the extent of any such inconsistency. Your participation in any particular promotion is deemed acceptance of the relevant promotional terms and conditions.

10.3 If you are eligible for andwin a prize, including a cash prize, in a promotion we offer you will be required to undertake the prize claim procedures outlined in the promotional terms and conditions in order to claim your prize. This may include, but is not limited to, completing a prize claim statutory declaration and providing us with a certified copy of your photographic identification document. You may also be required to provide us with additional information to confirm your eligibility.

10.4 If you are an Unrestricted Member, we may elect to pay your prize:

(a) by crediting your Product Account with the prize amount, or

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

(c) by cheque in the name of the Unrestricted Member forwarded by ordinary post to the address registered to the Account.
 

11 Inactive Product Account


11.1 If you are an Unrestricted Member and have not accessed your Product Account for a period of twelve (12) months we may suspend your Product Account.

11.2 If your Product Account remains Inactive for a period of twenty-four (24) months, we may close your Product Account.
 

12 Responsible Play and Self-Exclusion


12.1 We are committed to responsible play. Information regarding our responsible play program including self-exclusion is provided within our Digital Channels.

12.2 You may self-exclude from purchasing Products within our Digital Channels which will result in you being prevented from being able to use your username, password and Product Account for a period of 180 days. The process for self-exclusion is shown within our Digital Channels.

12.3 If you self-exclude, you will only be permitted to access your Product Account again after the 180 day period has elapsed. During any period of self-exclusion (or barring for South Australian Members) you:

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

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

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

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

12.4 As part of our ongoing commitment to responsible play, we engage in behavioural modelling to assist us in providing support to Members who may be experiencing problems with their gambling. By registering for a Product Account with us, you consent to us using your Account Data as part of these activities.

12.5 We may in our absolute discretion temporarily or permanently close any or all of your Accounts and/or exclude you from purchasing any or all Products using our services where we, in our absolute discretion, deem a responsible gambling risk is posed. If we do this, we will take all reasonable steps to remit the total balance of your Accounts to you.
 

Part D: The Lott Members Club Terms and Conditions

1 Introduction


1.1 The Lott Members Club membership programs (The Lott Members Club Program/s) are conducted by licensed and authorised lottery operators in Queensland, New South Wales, Australian Capital Territory, Victoria, Tasmania, South Australia and Northern Territory. The Lott Members Club Program provides for participation through digital channels via thelott.com or The Lott app (Product Account) and retail channels (through a Player Card).

1.2 If you registered for your Player Card in:

(a) Queensland, the Program for Player Cards is also known as Winners Circle and is conducted by Golden Casket.

(b) New South Wales or the Australian Capital Territory, the Program for Player Cards is also known as Players Club and is conducted by NSW Lotteries.

(c) Victoria or Tasmania, the Program for Player Cards is also known as Tatts Card and is conducted by Tatts.

(d) South Australia, the Program for Player Cards is also known as Easiplay Club and is conducted by Tatts SA.

(e) Northern Territory, the Program for Player Cards is also known as Tatts Card and is conducted by Tatts NT.
 

2 Registration for The Lott Members Club Program - Player Card


To apply to register for a Retail Player Card in The Lott Members Club Program, you must meet the eligibility criteria set out in clause 4 below; and complete an application form providing the information we require to establish your account.
 

3 Application and acceptance of Terms


3.1 These are the terms applicable to The Lott Members Club Program when you purchase In-store. They are important and should be read carefully by you.

3.2 If we accept your registration for a Product Account, you are registered as a member of The Lott Members Club Program and will be issued with an electronic Player Card. You may also elect to receive a physical Player Card.

3.3 If you are:

(a) an existing member of The Lott Members Club Program, and

(b) your Player Card is registered in the name of an individual cardholder, and

(c) you registered for your Player Card in the State or Territory you reside in,

you may link your Player Card to your Product Account, which may allow you to view your transaction history online for all purchases registered to the Player Card made by you In-store.

3.4 If we accept your registration for, or if you are automatically registered as a member of, The Lott Members Club Program and purchase In-store, you agree these Terms apply to you. If you are asked to accept these Terms after you have registered, your acceptance acknowledges these Terms replace those which may have applied previously.

3.5 You may only use your Player Card to register entries In-store in the State or Territory where you registered for the Card.
 

4 Eligibility and Limitations


4.1 The Lott Members Club Program and Player Cards are only available to persons 18 years of age or older.

4.2 In order to link your Player Card to your Product Account, you must reside in the State or Territory where your Player Card was issued. For example, if you registered for your Player Card in New South Wales, but reside in Queensland, you will not be able to link your Player Card to your Product Account.

4.3 From time to time, we may impose purchase limits on your Player Card in relation to some or all products and we will promptly notify you of this restriction, including any relevant terms and conditions, as and when imposed.
 

5 Bonus Draws and promotions


5.1 it is a condition of your membership that you acknowledge and agree:

(a) you may be eligible to participate in promotions as offered by us from time to time, including but not limited to, Bonus Draws;

(b) we reserve the right to enter you into such promotions based on the information provided by you as part of your application for registration in The Lott Members Club in accordance with any terms and/or conditions of the promotion;

(c) the eligibility criteria for promotions may differ to those of The Lott Members Club Program, so your participation in The Lott Members Club Program does not constitute our acceptance of an entry into a promotion; and

(d) our entry into a promotion offered by us is not guaranteed, as you may be required to provide us with additional information to confirm your eligibility.

5.2 To access a copy of Bonus Draw terms and conditions, visit thelott.com We reserve the right to amend or discontinue Bonus Draws or any promotion at any time with no notice to you.
 

6 Prizes


6.1 Prizes registered to a Player Card can only be claimed if you present the relevant Player Card (i.e. the Player Card that the entry was registered to). Prior to us paying a prize, we will also request you produce either a statutory declaration of ownership or the original entry ticket.

6.2 A prize registered to your Player Card, which is not a Division 1 Prize (or equivalent prize level) or a Lucky Lotteries Jackpot Prize, not claimed in accordance with clause 6.1, will be paid as follows:

(a) For prizes won from entries registered within Golden Casket (QLD), Tatts (VIC and TAS), Tatts SA (SA) and Tatts NT (NT) jurisdictions, four (4) weeks from the relevant draw date;

(b) For prizes won from entries registered within NSW Lotteries (NSW and ACT) jurisdictions:
        i. For prizes below $1,000 or above $10,000, eight (8) weeks from the relevant draw date
        ii. For prizes between $1,000 and $10,000, two (2) weeks from the relevant draw date.

Where we agree to credit a prize to your Product Account, you may elect to have the prize paid as soon as practicable after the determination of the results of the draw, if you are an unrestricted member, rather than waiting the prize purge period. If you have not claimed your prize within the prize purge period you may be paid either by:

(c) crediting the then recorded Product Account, which you have linked your Player Card to, but only if you are an unrestricted member pursuant to the Online Product Account Terms and Conditions; or

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

(e) cheque (or in the case of "free prizes" by certificate) in the name of the registered Player Card holder and forwarded by ordinary post to the address recorded for you on our lottery system file, once the accumulated and consolidated value of prizes payable to a Player Card holder reaches a threshold determined by us.

The method of payment is at our discretion. 

6.3 A prize which is paid in accordance with Part D, clause 6.2(e) will be taken to be paid as at the point in time at which the cheque is sent by ordinary post to the address recorded for you on our lottery system file. You are responsible for ensuring that the address recorded for you on the lottery system file is correct. We will not be liable for any delayed or lost mail nor will we be liable if you do no receive your prize cheque as a result of any incorrect information provided by you to us.

If you believe that a prize cheque has been lost and/or damaged, you should contact us immediately and we will endeavour to assist you. Failure by you to:

(a) report a lost and/or damaged cheque to us; or

(b) present a cheque to the relevant financial institution for payment,

within the relevant Prize Claim Period in your State or Territory may result in you forfeiting your rights to any such prize. After this point, any further action taken by us (whether by the issuing of a replacement cheque or by direct deposit into your nominated bank account) outside of this period is at our ultimate discretion.

Any prize payment that remains outstanding after the conclusion of the Prize Claim Period will be dealt with in accordance with our legislative obligations in respect of unclaimed monies in the relevant jurisdiction.

6.4 Prizes in respect of multi-week entries will be paid no less than four (4) weeks but no more than ten (10) weeks after the draw date of the last entry recorded on the entry ticket.

6.5 A nominal handling fee (which may include postage costs and a processing fee) inclusive of GST may be deducted from prize payments. We will provide you notice of the introduction of a new, or increase of any fee, at least 30 days before the change. If we incur any fees as a result of prize payment due to your action or inaction, we may deduct the value of the fee from any prize.

6.6 If a Division 1 Prize (or equivalent prize level) or a Lucky Lotteries Jackpot prize is registered to your Player Card, we will attempt to contact you by email or telephone by the end of the next business day after the draw date, on the email address or telephone number registered to the Player Card.

6.7 Prize winning lottery tickets are bearer documents and any prize payment by us to a person surrendering an unregistered winning lottery ticket, or a registered winning lottery ticket where the person presents the relevant Player Card also, shall discharge any liability we have in respect of that winning lottery ticket.
 

7 Agreement between group entrants 


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

8 Mistake


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

9 Personal details


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

10 Availability of internet services


The accessibility and operation of The Lott Members Club Program relies on internet services outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of this service.
 

11 Ownership of Player Card


The Player Card remains our property. We reserve the right to withdraw the Player Card and/or terminate your membership of The Lott Members Club Program at any time and to pay out any prize moneys which may be outstanding, in accordance with the Rules, by giving you at least 30 days' notice. You may continue to use your Player Card in accordance with these Terms during the notice period. The steps we take in respect to any withdrawal of your  Player Card or termination of your membership will be considered before implementation. We will take reasonable steps to contact you regarding the status of your membership and any further actions (as applicable).
 

12 Breaches


If you have committed a material breach of any of the Membership Terms, include for example, if we become aware or reasonably believe that you are under 18 years of age, your Player Card may have been used to facilitate or is connected with unlawful, suspicious or fradulent transactions or has been misused, or been subject to unauthorised use we may, without limitation to such other rights and remedies, have to terminate your membership and cancel any entries made by you. We will attempt to notify you as soon as possible of the termination or cancellations without any requirements to outline the reasons for such termination or cancellation. For the avoidance of doubt, prizes are not payable on cancelled entries.
 

13 Liability


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

13.2 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time, and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

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

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

14 Privacy


14.1 We are authorised to collect certain personal information for the purpose of processing your application for registration in The Lott Members Club Program under the rules and relevant regulations and at law. By applying to register for The Lott Members Club Program you consent and authorise us to access, collect and use the personal information collected about you and disclose personal information about you, to Tabcorp and its contractors and agents (which may include disclosure to financial institutions, lawyers, auditors, IT service providers, mail service providers, marketing service providers, market research companies, selling agents) and gaming and other regulators, for the purposes of (i) registration of your membership; and (ii) providing you with information about products and services. If you do not provide the personal information requested, we cannot process your application for registration.

14.2 We may also disclose this information to any person who is the bearer of a lottery ticket that is registered to your Player Card, for the purposes of the administration and conduct of The Lott Members Club Program. We may also display your personal information on the customer display screen when you choose to use your Retail Player Card during a lottery transaction. Any personal information that is displayed will be done so reasonably, and, in a manner consistent with Australian privacy law. It is a condition of membership that you consent to these uses and disclosures of your information by us.

14.3 You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.

14.4 Your personal information will be dealt with in accordance with Tabcorp's Group Privacy Policy which is available for inspection at https://www.tabcorp.com.au. Tabcorp's Group Privacy Policy contains further information about how you may access and seek a correction of your personal information, how you may complain about privacy related matters and information about your complaint will be dealt with. For privacy related queries, please contact 131 868 or privacy@tabcorp.com.au
 

15 Communication with you


By becoming a member of The Lott Members Club Program we infer your consent to us contacting you by email and/or SMS or other means of electronic communication to provide you with information about upcoming events, promotions, new products and services or other similiar opportunities including payment of free prize tickets. Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out. If you do not wish to receive these communications, you can opt-out of any or all of them at any time by updating your communication preferences by contacting us using the details in clause 23.3.
 

16 Variation of Terms 


16.1 We may vary these Terms at any time by complying with this clause. The steps we must take depend on the nature of the variation.

16.2 If we reasonably consider that any change to these Terms is likely to benefit you or be of immaterial detriment to you, we can make the change immediately and do not need to notify you.

16.3 We will notify you of any other change to these Terms in accordance with clause 17. Notices under this clause will be sent by us at least 30 days prior to the change occurring. If you reasonably consider that any change to these Terms is detrimental to you, you may terminate your membership without any fees or charges, and will pay out any prize moneys which may be outstanding, in accordance with the Rules.
 

17 Notices


17.1 Where we are required or permitted to give you a notice under these Terms, we may do so in any practicable way, including by giving you the information in person (whether it be provided by us or our agents), or giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us, or making the information available at www.thelott.com. Where any law requires or permits us to give information to you, you consent to that information being given by an electronic communication.

17.2 Where we give you notice: in person, it is taken to be received by you at the time we give it; by mail, it is taken to be received by you on the day after posting; by email, it is taken to be received by you when the email is sent, regardless of any response to the email; by other means of communication when the messages are sent; and/or by making information available on thelott.com, it is taken to be received by you at the time the information is made available on thelott.com.

17.3 Where you are required or permitted to give us a notice under these Terms, you may do so by directing such notice to the contact details in clause 23.3.
 

18 Assignment


We may assign our rights and obligations under these Terms to other companies in the Tabcorp Group and we will give you notice no later than 30 days after any such assignment occurs. Otherwise, we may assign our rights and obligations by giving you notice in accordance with clause 17. If you reasonably consider that the assignment is detrimental to you, you terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.
 

19 Application of Rules


These Terms, which are available for inspection at thelott.com are to be read in conjunction with the Rules. In the event of any conflict or inconsistency between these Terms and the Rules, the Rules will prevail to the extent necessary to resolve the conflict or inconsistency.
 

20 Jurisdiction and governing law


If you registered for your Player Card in:

20.1 Queensland, the laws of Queensland and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the State of Queensland.

20.2 New South Wales or the Australian Capital Territory, the laws of New South Wales and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the State of New South Wales.

20.3 Victoria or Tasmania, the laws of Victoria and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the State of Victoria.

20.4 South Australia, the laws of South Australia and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the State of South Australia.

20.5 the Northern Territory, the laws of the Northern Territory and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the Northern Territory.
 

21 Waiver


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

22 Website


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

23 Interpretation


23.1 In these this Part D, unless the contrary intention appears, a reference to:

(a) Application or Application for Registration means your application described in clause 2.0 of these Terms.

(b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2020 (Cth).

(c) Golden Casket means Golden Casket Lottery Corporation Limited (ACN 078 785 449).

(d) In-store means retailer appointed by the Lottery Licensee in the relevant jurisdiction.

(e) Lottery Licensee means Golden Casket in Queensland, NSW Lotteries in NSW and ACT, Tatts in Victoria and Tasmania, Tatts SA in South Australia and Tatts NT in the Northern Territory.

(f) NSW Lotteries means New South Wales Lotteries Corporation Pty Limited (ACN 142 890 195 and ABN 27 410 374 474).

(g) Prize Claim Period means:

i. for Golden Casket customers, seven years,
ii. for NSW Lotteries customers, six years,
iii. for Tatts customers, indefinitely,
iv. for Tatts SA customers, one year, and
v. for Tatts NT customers, three years.

(h) Product Account means, if relevant, your online account with thelott.com.

(i) Retail Player Card means the card, which facilitates the registration of entries and tickets to you. 

(j) Rules means the lotteries game rules as approved from time to time for the conduct of lotteries by the Lottery Licensee.

(k) Tabcorp or the Tabcorp Group means Tabcorp Holdings Limited (ACN 063 780 709) and its subsidiaries.

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

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

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

(o) Terms mean these Retail Player Card Terms and Conditions as amended from time to time.

(p) The Lott Members Club Program or The Lott Members Club Account means the Retail Player Card membership program offered by the Lottery Licensee as referred to in paragraph 1.0.

(q) You and your means you, the consumer.

(r) We, us, and our means the Lottery Licensee in the jurisdiction registered for The Lott Members Club Program.

23.2 Headings are for convenience only and do not affect interpretation. A word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender. If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning. "Includes" in any form is not a word of limitation. A reference to "$" or "dollar" is to Australian currency. All references to time are a reference to Australian Eastern Standard Time (AEST).

23.3 Our contact details are as follows:

- Mail: Locked Bag 1, Spring Hill, QLD 4004;
- Phone: 131 868
- Email: customersupport@thelott.com
 

Part E: Definitions and Interpretations

DEFINITIONS:


"Accounts"
means your Corporate Account and each of your Product Accounts.

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

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

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

“Corporate Account” means your account with Tatts Online.

"Designated Account" means the account nominated by you for withdrawals from your Account (refer to clause 9 of Part A).

"Digital Channels" means The Lott website (https://www.thelott.com and any associated sub-domains) and The Lott mobile applications.

"Funding Sources" are the deposits services we make available and accept in accordance with clause 8 of Part A.

“Golden Casket” means Golden Casket Lottery Corporation Limited ACN 078 785 449.

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

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

"Instant Scratch-Its" means the scratch off instant lottery products conducted and sold by:

(a) Golden Casket in Queensland, Tasmania, and the Northern Territory; 

(b) NSW Lotteries in New South Wales, and the Australian Capital Territory;

(c) Tatts SA in South Australia; and

(d) Tattersall's Sweeps in Victoria.

“Legislation” means, in respect of the Products of:

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

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

(c) NSW Lotteries - Public Lotteries Act 1996 (NSW);

(d) Tatts NT – Gaming Control Act (NT); and

(e) Tatts SA – State Lotteries Act 1966 (SA),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 for a Corporate Account and/or Product Account.

“NSW Lotteries” means New South Wales Lotteries Corporation Pty Limited ACN 142 890 195 and ABN 27 410 374 474.

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

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

“Product Suppliers” means:

(a) for residents of Victoria and Tasmania, Tatts.com Pty Ltd ACN 060 353 317 on behalf of Tattersall’s Sweeps;

(b) for residents of the Northern Territory and selected international jurisdictions determined eligible by us from time to time, Tatts.com Pty Ltd ACN 060 353 317 on behalf of Tatts NT;

(c) for residents of Queensland, Golden Casket;

(d) for residents of New South Wales and the Australian Capital Territory, NSW Lotteries;

(e) for residents of South Australia, Tatts SA as master agent for the Lotteries Commission of South Australia.

“Related Body Corporate” has the meaning given in the Corporations Act 2001 (Cth).

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

“Rules” means the rules made or adopted by each of the Product Suppliers which govern the supply of their Products, as approved by or notified to the relevant gambling regulator. Where your Product Supplier is:

(a) Golden Casket, the Rules are the Lotteries Rule (QLD);

(b) Tatts.com on behalf of Tattersall's Sweeps, the Rules are the Rules of Authorised Lotteries (Tatts - Victoria);

(c) Tatts.com on behalf of Tatts NT, the Rules are the Rules of Authorised Lotteries (Tatts NT - Northern Territory);

(d) NSW Lotteries, the Rules are:

i. Lotto Rules;
ii. Lotto Strike Rules;
iii. Oz Lotto Rules;
iv. Powerball Rules;
v. Draw Lottery Rules (Lucky Lotteries);
vi. Set For Life Rules; and
vii. Instant Lotteries Rules (Instant Scratch-Its)

(e) Tatts SA, the Rules are:

i. Lotteries (General) Rules;
ii. Lotteries (Saturday X Lotto) Rules;
iii. Lotteries (Monday and Wednesday X Lotto) Rules;
iv. Lotteries (Oz Lotto) Rules;
v. Lotteries (Powerball) Rules;
vi. Lotteries (Set For Life) Rules;
vii. Lotteries (Lucky Lotteries) Rules;
viii. Lotteries (Super 66) Rules;
ix. Lotteries (Keno) Rules; and
x. Lotteries (Instant Scratch-Its) Rules

"Subscription/s" means the functionality to automatically purchase a specific entry in a lottery based on a specified frequency and method of payment described in clause 6 of Part C.

"Tabcorp" or the "Tabcorp Group" means Tabcorp Holdings Limited (ACN 063 780 709) and its subsidiaries.

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

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

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

“Tatts Online” means Tatts Online Pty Ltd ACN 149 493 694.

“Terms and Conditions” means the terms and conditions as they apply to your Corporate Account and Product Account/s.

"The Lott Members Club Program" means the membership program offered and conducted by us through our Website and in retail channels.

“Third Parties” means any person who is not you or Tatts Group.

“Third Party Facilitators” means a banking or financial institution or other financial service provider that facilitates the transfer of funds to your Accounts.

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

“us, our and we” means:

(a) For Parts A and E, Tatts Online and your Product Supplier;

(b) For Part B, Tatts Online;

(c) For Parts C and D, your Product Supplier.

 

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.

 

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