Mad Bookie Terms and Conditions

(Click here to download a PDF version, last updated July 24, 2017)

By using this website, app, or any of the services or software of Mad Bookie Pty Ltd (collectively referred to as the "Services"), you hereby agree to be automatically bound by these terms and conditions and privacy policies. In this document, Mad Bookie may also be referenced as the "Company", "we", "our", or "us".

These terms and conditions are the controlling provisions which shall govern your use of the Services. At all times, you are only allowed to use the Services if you are at least 18 years old and above, and are not legally incapacitated or limited in any way to be bound by these terms and conditions.

With this, you are hereby absolutely encouraged to read and understand these terms and conditions before you use any of the Services. By using any of the Services, it is presumed that you have understood all the provisions of these terms and conditions, including policies on betting, game play, and all terms contained therein. Hence, if you do not agree with any of these terms and conditions, or are legally incapacitated to be bound by such, then you are hereby required to immediately stop your use of the Services until such a time when you can already agree to all these terms and conditions, or when you can already by bound by these terms and conditions.

Mad Bookie is licensed in Northern Territory, Australia by the Northern Territory Racing Commission under a Sports Bookmaker's Licence to accept bets via the internet and telephone. Accordingly, all bets made with us are considered to be placed and received in the Northern Territory and are processed by us on our servers in the Northern Territory, in accordance with our licence.

These terms and conditions will be binding on you, not only when you access the Services or register a user account with the Company, but also when you access in any way the betting platforms offered by the Services, which include but are not limited to telephone betting systems, this website, apps, downloaded software, or any other device which allows you to interact or use the betting services of the Company.

If there is a conflict between these terms and conditions or any other document, these terms and conditions shall take precedence, while the latter documents shall be secondarily binding.

Additional Terms

These terms and conditions should be ready in conjunction with our Wagering Rules (Sport and Racing) and Promotional Terms & Conditions

Amendments

The Company may change these terms and conditions and privacy policies as it sees fit, without the need of any prior notification to you. However, in its sole discretion, the Company may decide to notify you anyway of any changes to this document through a medium of its own choosing. The responsibility of updating yourself of any changes to these terms and conditions shall be solely yours.

Interpretation

The interpretation of these terms and conditions shall be subject to the following:

  1. When there is a reference to a "person", this is understood to include estates, associations, corporations, joint ventures, trusts, partnerships, and other legal entities apart from individuals.
  2. References to singular words or phrases shall be deemed to include their plural versions, and plural versions shall be deemed to include their singular versions. Any terms and references pertaining to a particular gender shall be deemed to include other genders.
  3. When words or phrases are attributed a certain definition, then all other parts of speech and grammar corresponding to those phrases and words shall be attributed the same definition.

 

  1. "includes" shall not be considered as limiting, and any enumeration of items following "includes" shall be not considered the entire set for that particular section.
  2. Headings are simply labels for particular sections of this document, and the interpretation of such sections shall be primarily dependent on the terms themselves and not the headings.

Access To Use the Services

Subject to the abovementioned information, and also if you have fully agreed and complied with all these terms and conditions, the Services hereby provides to you a personal, non-exclusive, and limited access to use its features and functions solely for your personal purposes. You agree that you will not assign or transfer this access to someone else, nor shall you use this access in order to commercially exploit the services. This Access is strictly limited to the intended purpose of allowing you to use the Services.

Furthermore, any acts of decompiling, reverse engineering, reselling, or creating programs which copy the functions of the Services is absolutely prohibited.

The Company may change any content in the Services as it sees fit, to determine in which countries, jurisdictions, or languages its services shall be available, and also to choose on which devices or platforms its Services shall be offered.

You acknowledge that the proper performance and functioning of the Services may be dependent on your possession of an appropriate and compatible device, operating software, software settings, an adequate Internet connection, and appropriate corresponding upgrades. You agree that any of these variables may affect the performance of your use of the Services, and that the responsibility of ensuring that you have an optimal device, and appropriate upgrades in relation to the services is solely yours. Likewise, any fees, arrangements, and requirements so that you may be able to access and use the Services of the Company is your responsibility.

The Company does not guarantee that you will be able to access its Services 24/7 at any given time. There may be interruptions, whether intentional or not, which may be attributable to scheduled maintenance, or even because of events and circumstances which are beyond the control of the Company. The Company may discontinue, reduce, modify and part of its services at any time.

In using the Services of the Company, inherent risks when it comes to gambling and wagering bets come into play. Therefore, you hereby agree to accept full responsibility for all risks and liabilities associated with any gambling or bets placed through the Services, and forever release the Company from any liability for in relation to these.

User Registration or Account

Before you can use any of the Services of the Company, it is required that you first register an account with the Services.

When registering an account with us, the Services may require from you a username, email, password, or any other information. In all cases, you agree that you will not submit to the Services any erroneous, false, or outdated information.

Any registration with or use of the Services absolutely requires that you are at least 18 years of age, and are not legally incapacitated in any way in your jurisdiction to enter into contracts, or even to engage in acts of gambling. Otherwise, you are absolutely prohibited to use any of the Services. If we discover in any way that you are not yet 18, or are incapacitated to enter into gambling transactions after you have already used our Services, you agree that any winnings or monies which you may have from the Services shall be automatically forfeited in favour of the Company. We may also suspend or terminate your account in such a scenario.

Should we have difficulty in determining your actual age or legal capacity, we reserve the right to prevent access to the Services, or even to prevent you from withdrawing any funds from the Services. In accordance with the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) and regulatory conditions, we will undertake the verification of your identity within 45 days after your Account is opened, and prior to any withdrawals being made from your Account. If we are unable to verify your identification details within 45 days of your Account being opened, then we will suspend your account pending such identification and you will be unable to withdraw funds from, place bets using, or access your Account.

In the course of verifying your details, and in our sole discretion, we may require from you any document or identification which we believe will help us ascertain the genuineness or accuracy of your identity, age, and information. Likewise, you also hereby authorize us to use third party companies or entities to help us with the verification process of your information, and also authorize these third parties to require from you any information or documents which can help ascertain your information.

Your hereby acknowledge that your account with us is only for your personal use, and also promise that you will not allow third parties to access or uses your account, even in a representative capacity.

Multiple accounts on our system is also prohibited, and you hereby agree that we may immediately terminate all your accounts should we discovered that you have registered in the Services more than once. In such an event, you agree that we may immediately forfeit any of your funds or winnings with the Services.

The Services also reserves the right to limit and restrict the number of Devices to which your Account is associated.

The Company hereby reserves the right to modify, alter, update, or even remove any information of yours which can be found on the Services.

We may, in our absolute discretion, allow you to have only one Account with us across our two brands: TopBetta and Mad Bookie. If you have opened more than one Account with us, we may, in our absolute discretion, close one or all of your Accounts and transfer the balances of your additional Account(s) to the first Account you opened with us. If, after such a transfer, your Account has a debit balance, then at our written request, the outstanding balance of your Account becomes immediately due and payable to us as a debt. If, after such a transfer, your Account has a credit balance, these funds may be frozen by us for as long as it takes us to ascertain whether or not there has been any other breach of the Terms and Conditions.

Account Security

If you feel or have become actually aware that your account has been hacked, compromised, or accessed in an unauthorized manner by any other person, you agree that you will notify the Services as soon as possible.

The responsibility of keeping your account details secure at all times is solely yours.

For bets placed during the time when your account was used in an unauthorized manner, you agree to be bound by these bets, and to accept any consequences or outcomes resulting from these wagers as if you placed them on your own.

Should the Services become exposed to any liability or claims stemming from the unauthorized use of your account, you hereby agree to indemnify us, or any other third party, and also to pay the corresponding expenses, attorney's fees, and litigation fees arising from this.

Jurisdictional Laws

Before you can use any of the Services, it is absolutely required that you first ascertain and ensure that you are not disqualified by any gambling laws in your jurisdiction.

Hence, before you use any of the Services or open an account with the latter, you hereby guarantee and warrant that you are not disqualified by any legal laws in your local jurisdiction from using any of the Services. You further agree that the availability of the Services in your particular jurisdiction, if the Services are prohibited by any laws or regulations in the latter, shall not automatically be considered as an offer, invitation, or solicitation for the use of our Betting Platforms.

In relation to the abovementioned matters, you agree that we may require from you proof of your location and residence, and/or any documentation which proves that you are not prevented to access our betting platforms by your local gambling laws.

The Services will only accept sports wagers by residents of Australia and New Zealand.

For residents of the US, and in compliance with US laws, you agree that you will not place or even attempt to place sports wagers.

For residents of the United Kingdom, Singapore, and Hong Kong, you agree that any horse racing and sports bets shall not be accepted if you are physically present in the said jurisdictions.

If you violate these sections in any way, and have placed bets despite legal limitations in your local jurisdiction, you agree that any winnings which you may have in the Services shall by automatically forfeited in favor of the Company, apart from the immediate suspension or termination of your account.

Code Of Conduct; Prohibited Activities and Warranties

By using the Services of the Company, you agree that you will only use its betting platforms, information, and functions for legal purposes. It is also expected that you will always abide with these terms and conditions and policies at all times.

Hence, you hereby agree that you will avoid engaging in the following activities:

By using the Services, you also hereby absolutely warrant that:

Should you violate any of these warranties, or commit any illegal action under this section, or violate these terms and conditions, you hereby agree that:

Placing and Withdrawing Funds

For your convenience, the Company hereby provides mechanisms and account facilities in the Services which will allow you to deposit funds for the purposes of placing bets and wagers in the Services. You agree that you will not use this capacity of depositing and withdrawing funds in the Services in a manner which mimics actual bank deposits, and also authorize the Services to charge your funds or winnings if it appears that you are depositing and withdrawing funds without actually betting or wagering anything in the Service. In this event, you also authorize the Services, in its sole discretion, to close your account, without any additional recourse on your part to claim any subsisting funds or winnings within your closed accounts.

So that you may be able to deposit funds in your Account with the Services, you hereby agree to authorize the Services, or any third party payment facilities authorized by the Services, to accept payments from you. You agree that we may collect your personal information pertaining to your credit card, or any other type of payment details which will give you the capacity to potentially or actually deposit funds or make payments with the Services, the Company, or any third party payment facilities authorized by the Services. For this purpose, you hereby authorize the Services, the Company, third party payment facilities authorized by the services, or directors, employees, or authorized agents of the Company, to charge, collect from, or debit your credit card, or payment method as the case may be.

You agree that the Services should receive any indicated amounts or funds on a net basis, and that you will shoulder any other fees or charges required by payment facilities, interests, taxes, or any other charges. In case the Services makes any mistake regarding any funds deposited or released to you, you agree that the Services can make additional charges.

You further agree that any amount which you may have deposited, paid, bet, or placed in the Services does not partake of the nature of a bank account, and is therefore not protected, guaranteed, or insured in any way.

Funds deposited to your Account are held in a normal bank account in our name. Funds held in your account shall not receive any interest, and shall not be considered to be held in trust by the Services or the Company for you.

All Player Funds are segregated in a separate account.

At all times, you hereby agree that the Services is not obligated whatsoever to accept any of your bets or wagers which you may which to place in its system. Should you make a request which falls below applicable statutory minimum bet limits, you agree that we may require from you additional documentation, even those which you may have already provided previously.

Any payments you made to the Services, or any charges made by the Services upon you shall be absolutely non-refundable in nature. Apart from this, you agree that you will only use, and register a credit card in the Services which under your name.

If there is an error in a transaction or event with the Services and its betting platforms, you agree that we shall retain the sole discretion to declare this transaction completely void, including any winnings or losses arising or in connection therewith. If we have erroneously paid an amount to you, and we are unable to recover this amount by exercising our discretion to charge your funds or winnings since you no longer have any sufficient funds to return the amount we erroneously paid to you, you hereby agree that this shall remain a debt on your part to the Services or the Company which you are obligated to pay immediately. The Services and the Company hereby reserves the right to adjust your account and funds with the Services in order to correct any errors or to reflect your proper balance. Examples of errors include, but are not limited to late bets, incorrect prices, a malfunction in the system of the Services, or if the Services enters the result of an event incorrectly.

If it appears that there is an error in your funds or winnings with the Services, you hereby agree to notify the Services or the Company as soon as possible, and as far as practicable. You hereby agree that there may be instances where the Company or the Services accepts an event or outcome in error – in this case, the Services reserves the right to consider the bets void, and to return your respective bets. These may include human or system errors where your bet or wager is accepted at a price or level which is substantially in variance with those in the general market or public when the bet was made, and on its face appears obviously incorrect in relation to the probability of the event occurring when the bet was made.

Account Suspension or Termination

The Company retains the sole discretion to determine who are its pool of users at any given time, and to restrict, modify, or alter the same. You therefore hereby agree that the Services may suspend or terminate your account as it sees fit, without the need of any prior justification. However, any violation of these terms and conditions, the commission of any illegal acts, any legal incapacity to use the Services, or if you are under 18 years of age shall be considered as automatic grounds to suspend your account.

In particular, the following shall be considered as automatic grounds to either suspend or terminate your account:

You agree that if we either suspend or terminate your account with us, and without limiting any rights or recourse which we may have to the fullest extent of any laws of any jurisdiction, all funds, payments, or winnings which you have with us shall be automatically forfeited in favour of the Company and the Services. However, in our sole discretion and in cases of dormant accounts, we may return your funds for closed accounts due to dormancy.

 

If, in the case of accounts deemed to be dormant, the relevant account has a positive balance, Mad Bookie shall take reasonable steps to notify you using the details you provided during your registration process (or as updated by you). If your account remains dormant, after a minimum period of 28 days following our first attempt to notify you that your account has become dormant, Mad Bookie will charge an administration fee of 5% on your account balance at the time that it is deemed to be dormant. We shall apply this charge monthly from the time that your account becomes  dormant until the earlier of your account balance reaching $0 and you reactivating your account by making a transaction. In any case, you may voluntarily request for a closure of your account upon which an event, we shall return the funds and balance of your account. If there are any pending bets during the time when you requested for the closure of your account, you shall receive any winnings from these bets at a future time when the bets and their outcomes have been resolved.

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING

You hereby agree that you shall not involve or use the Services in any acts of Money Laundering or Terrorism Financing. Apart from these, several jurisdictions obligate us to report if we have become aware of any acts of Money Laundering or Terrorism Financing on your part, or if you are diverting funds into the Services which are derived from illegal activities, or if you facilitate any criminal activity through our Betting Platforms or accounts.

Without limiting our recourse and options under the laws of any jurisdiction, you agree that we can immediately suspend and terminate your account if we suspect or reasonably believe, in our sole discretion, that you are engaged in any acts of money laundering or terrorism financing. In such an event, you agree that any winnings or funds which you may have with the Services shall be automatically forfeited in favor of the Company and the Services.

Privacy Policy

When you use our services, we may collect your personal information for several purposes. With this, you agree and expressly authorize the Company and the Services to collect your personal information which you actually submit to the Services, or which can be collected by the Services based on the information that is submitted or can be collected from your devices used, Internet Connection, Geographical Address, or which can be ascertainable on the basis of your Social Media, or information about you which can be found on the Internet. If you do not allow us to collect your personal information, then you will not be allowed to open an account with us, or use any of our Services.

You also agree that we may install cookies on your site, and also collect information in relation to website analytics such as your ip address, pages visited, duration of visit, navigation patterns, or any other analogous information to the latter.

For our protection, you hereby agree to give us a worldwide, non-inclusive license on any personal information of yours which we may collect through the Services. You also agree that we may share this information with our third party payment facilities, third party affiliates, third party partners, and other entities with whom we can possibly have a transaction. You also agree that we may share your personal information if required by authorities, or by a Court of competent jurisdiction.

On the basis of your personal information, you hereby agree that we may send you tailor made promotions and/or advertisements which we feel might be of interest to you.

Mad Bookie will collect, store and disclose your personal information in accordance with the requirements of the Privacy Act 1988 (Cth), as set out in our Privacy Policy, which can be viewed at https://www.madbookie.com.au/Privacy.  

Website Information

You hereby agree that any content provided by the Services is only given to you on an "AS IS” basis – the Services or the Company does not give any guarantees or warranties whatsoever. The information on the Services is not intended to serve as expert, financial, legal, or technical advice to be relied upon without you having to do your own independent ascertainment and verification.

You also acknowledge that the Services shall not be liable to you for any acquired loss on your part because of using the Services, or on reliance on any of the information which can be found on the Services.

If you have any uncertainties or doubts on any of these terms and conditions, then you are highly encouraged to seek legal advice before you rely on any of the information on the Services, or even on these terms and conditions.

Intellectual Property

All the original content on the Services shall be considered the intellectual property rights of the Company, and shall include but not limited to all graphics, text, files, design, layout, and software. You agree that you will not infringe on these intellectual property content, and only utilize them for personal uses, and only in furtherance of using the Services.

Links

You agree that the Company may install links on the Services. The target of these links may be third party sites or Apps which are beyond the control of the Company, and which may have its own set of terms and conditions or policies. Since this is the case, you hereby agree to release the Company or the Services for any damages or liabilities which you may encounter by clicking on or following through these links.

Promotions

The Services may offer promotions and competitions which may be applicable to you, and in which you may voluntarily participate. These promotions may have their own rules and regulations, but these terms and conditions shall also be applicable with the said promotions. If there is a conflict between this document and the distinct rules and regulations of these promotions, the latter shall prevail with respect to the specific provisions of conflict only.

Hardware or Software Malfunctions

In course of providing you the services, hardware or software malfunctions may not be avoided 100%, and you might be disconnected from the Services due to the failure of your Internet connection or Device, or even the failure of our hardware, servers, connections, technology, or for any other reason. With this, you agree to release the Services from any liability, irrespective if the disconnection or malfunction is was within our control or due to our fault.

Placing subsequent bets on our Services automatically presumes that you have no disputes with any previous bets, and as such, accept their outcomes without any contestation.

Limitation of Liability

You hereby agree that the Services, the Company, or any of its directors, employees, agents, or representative shall not be liable to you in any way in connection with, or arising from your use of its Services, or even arising or in connection with these terms and conditions or the use of your persona information. You hereby release the Services or the Company from any liability which may arise from your use, or in connection with the Services. Furthermore, should the Services or the Company be exposed to any liability in any form or manner in connection with your use of the Services, or any violation of these terms and conditions, or any violation of any law, or any legal incapacity on your part to use these Services, you hereby agree to completely indemnify the Company, and to pay for all related expenses for any attorney's fees, litigation fees, and fees for its appropriate defense.

If a Court of sufficient or relevant jurisdiction should rule or order to limit this provision in any way, you hereby agree that the maximum liability of the Services to you shall be $50 or your actual loss by using the Services, whichever is lower.

Dispute Resolution Policy

The Services will attempt to resolve any disputes or complaints that you may have in regard to our products or service. If you wish to raise any issue with us, then please email Mad Bookie at [email protected]

If you have a betting dispute in relation to one of our products or services which you believe that Mad Bookie has not satisfactorily resolved by first contacting Mad Bookie as described above, you can approach the Northern Territory Racing Commission with your complaint.

Disputes can be referred to the Commission by completing the online gambling dispute form located at: https://nt.gov.au/industry/gambling/complain-about-a-bookmaker/gambling-dispute-form, for final determination. 

You must make this approach and submit your dispute to the Northern Territory Racing Commission within 14 days of the end of the event in dispute. Any decision of the Northern Territory Racing Commission is final and binding on both parties.

Withholding of Payment and Offsetting

The Services hereby reserves the right to withhold payments, or to declare any betting events void should it appear that the price pool of the said event be manipulated, or if there is any indication that the integrity of the event has been compromised, or if there is match rigging which has taken place.

If you owe any debts for any reason to the Services or the Company, the latter may likewise offset any of your debts with your account, funds, or winnings with the Services.

Credit Betting Accounts

The Services may provide credit betting accounts, depending on your status as a user, and your credit standing. When applying for credit betting accounts or a credit facility with the Services, you hereby warrant that you will only provide genuine, accurate, and up to date information, and also warrant that you are not aware of any possible changes in your information or circumstances which may alter our perception or impact our opinion of your user credit standing or application, or which may affect your ability to pay the Services. If there are any changes in your history or information, you hereby agree to notify the Services and Company of such a change.

In relation to this, if the Services or the Company should require any information or additional documentation, you hereby agree that you will cooperate with the Services to confirm your information.

Any failure on your part to comply with the confirmation procedures of the Services may result in the rejection of your Credit Application. Likewise, the Services may also reject your Credit Application as it sees fit, without the need for any particular justification.

For compliance and for your credit standing, you hereby agree that you are solely responsible for monitoring and checking your Account with the Services, and also for complying with these credit terms.

The statement period for transactions in the Services, inclusive of bets and deposits, and relating to your credit facility will be a period of seven (7) days ending at 11.59 pm on a Sunday. The initial statement will issue at 11.59 pm on the next Sunday following the approval of a Member's Application, and every seven (7) days thereafter unless otherwise agreed to by the Services.

You will be required to settle any negative difference between any bets or wagers you made on the Credit Facility and the sum of any of your deposits within a period of (7) days ending on Sunday at 11:59 pm immediately following the Statement Date, with respect to bets you made and accepted by the Services during the preceding seven (7) days during the Statement Period, unless otherwise agreed to by the Services.

You will be required to settle your Account Balance through the methods outlined in the banking section of the Services. Further, you will also be required to settle your account balance for all previous settlement periods, apart from settling your present one.

If you join the Services, and fail to make a deposit before your Credit Application with the services, you hereby agree that you will waive your right to receive your initial deposit from the Services which the latter may offer. The Services retain the sole discretion to offer and give other bonus bet promotions to members which have credit facilities.

For all promotions of the Services, it is absolutely required that you have a positive balance in your Account prior to the publication or announcement of the promotion before you can avail or be part of the promotion.

You also agree that the Services may utilize the help of third parties to ascertain or determine your credit capacity, and also your submitted information.

The Services will notify the Member via email or post of the outcome of the Credit Application. Mad Bookie is not obliged to disclose its reasons for declining a Credit Application or otherwise agreeing to offer a Credit Facility subject to conditions.

The Services may, at its discretion, reduce any existing Credit Facility to a Member. The Services may also terminate the Credit Facility at any time and may require payment from the Member of any outstanding Account Balance immediately thereafter. Should you exceed your credit facility limit at any time, the Services may prevent you from placing any bets. However, if in its sole discretion, you are still given the liberty or allowed by the Services to place a debt despite going above your Credit Facility, you agree that in this circumstance, you are bound to pay your debt to the Services immediately upon demand.

You are only have fourteen (14) days to pay any outstanding amounts from your oldest Statement Date. Shall you be unable to comply with this requirement, the Services reserves the right to immediately suspend your account and prevent any further betting on your part until such a time when you have actually paid any oustanding debts which you may have with the Services. Further to this, shall you have been unable to settle any debts which you may have with the services within twenty one (21) days based on your oldest statement date, you agree that the Services can attempt to charge any credit card on file or can resort to formal processes and remedial procedures to the fullest extent of the the law so that it may formally recover your debt. .

You hereby agree to indemnify the services for any litigation, procedural, and related expenses which the Services may suffer in trying to recover an outstanding bets.

Severability

Should any of these terms and conditions be considered invalid by any Court of competent jurisdiction, or unenforceable in any way, you hereby agree that the remaining provisions shall be considered valid without any defect.

Venue and Jurisdiction for Actions

In case there is a dispute concerning these Terms and Conditions, or if there is a dispute between the Services and you, you hereby agree that the construction and interpretation of these terms and conditions shall be in accordance with the laws of the Northern Territory, and that all actions in relation to these terms and conditions shall commenced in the Courts of the Northern Territory, to the exclusion of all other Courts.