73.1 Cash Out is a function that allows Eligible Participants to manage their exposure on an Eligible Bet prior to that bet resulting by agreeing to transfer a proportion of the proceeds of that Eligible Bet to COPL once the bet results, in return for an Upfront Payment from COPL, subject to this Part J.
73.2 This Part J should be read in conjunction with the rest of these Terms and Conditions and the Betting Rules relevant to the particular bet.
74.1 When you request a Cash Out offer, you expressly consent to us disclosing your personal information to COPL for the purpose of:
(a) COPL assessing a request to Cash Out an Eligible Bet;
(b) COPL communicating with you customer in relation to a request to Cash Out an Eligible Bet;
(c) COPL recording Cash Out transactions;
(d) COPL advertising to you in relation to the Cash Out functionality; and
(e) other matters ancillary to the matters outlined in this clause 74.
75.1 For the purposes of this Part J, an Eligible Participant is a Member who we determine at our discretion:
(a) is either a resident of an Approved Jurisdiction or is using an Approved Non-Account Channel;
(b) is at least 18 years old;
(c) is a Recreational Gambler;
(d) is not a Restricted Person;
(e) is not an Excluded Customer; and
(f) is not an Ineligible Customer.
76.1 An Eligible Bet means any eligible fixed odds or Quaddie bet placed with us by an Eligible Participant in accordance with the applicable Betting Rules where the bet has Cash Out functionality enabled at the time a Cash Out offer is requested.
76.2 If a bet is not an Eligible Bet, you will not be able to Cash Out the bet.
76.3 Once an Eligible Bet is Cashed Out (whether partially or fully), it will cease to bean Eligible Bet.
76.4 For the sake of clarity:
(a) not all bets will be Eligible Bets; and
(b) the Cash Out functionality may be suspended at any time in relation to a particular event or bet type, where the Cash Out functionality is suspended, any relevant bet will cease to bean Eligible Bet for the duration of the suspension; and
(c) each Eligible Bet that was eligible for Cash Out will, at some point, cease to be eligible for Cash Out and will therefore cease to be an Eligible Bet. For example a single leg bet on an event will cease to be an Eligible Bet once that event concludes.
77.1 In relation to Eligible Bets placed though an Account Channel prior to the commencement of all events or races which comprise the Eligible Bet, the Eligible Participant who placed the bet may request a Cash Out offer in relation to that Eligible Bet, via the same Account using an Approved Account Channel (currently limited to www.tab.com.au and the TAB App).
77.2 In relation to Eligible Bets placed though an Account Channel after any event or race which comprises the Eligible Bet has commenced, the Eligible Participant who placed the bet may request a Cash Out offer in relation to that Eligible Bet, via the same Account using an Approved Live Account Channel (currently limited to telephone services).
77.3 In relation to Eligible Bets placed via a Non-Account Channel, the Eligible Participant who placed the bet may request a Cash Out offer in relation to that Eligible Bet using an Approved Non-Account Channel (currently limited to selected self-service retail terminals), provided:
(a) the Eligible Participant continues to hold the relevant ticket for the Eligible Bet and the relevant ticket can be read by an Approved Non-Account Channel; and
(b) where the value of the Eligible Bet or Cash Out offer is above certain thresholds, the Eligible Participant has verified the relevant ticket at the operator window at the retail outlet.
See www.tab.com.au for a guide on how to request and accept a Cash Out offer.
78.1 The odds of any particular outcome may change rapidly and as a result each Cash Out offer is subject to change. Upon the value of a Cash Out offer changing, any Cash Out offer made but not yet accepted will immediately expire.
78.2 If an Eligible Participant attempts to accept a Cash Out offer that has changed prior to COPL's receipt of the relevant Eligible Participant's acceptance of that Cash Out offer, that Cash Out offer will be deemed to have expired at the time the offer changed and as a result the purported acceptance by the Eligible Participant will be ineffective.
78.3 We may, in our absolute discretion, amend, suspend or remove the Cash Out feature at any time on any Product type without providing a reason or advance notification, even where the Cash Out feature has previously been advertised as being available. Any bets placed on such Products will stand as originally placed.
79.1 Subject to clause 79.2 and79.3, an Eligible Participant may request a Cash Out offer in relation to an Eligible Bet at any time after placing the Eligible Bet, up until the Eligible Bet results.
79.2 Subject to clause 79.3, if the Eligible Bet is a Quaddie bet, an Eligible Participant may request a Cash Out offer in relation to an Eligible Bet at any time after the first race of the Eligible Bet results, up until the final race of the Eligible Bet results.
79.3 Each Eligible Participant acknowledges that COPL is under no obligation to make a Cash Out offer in relation to any Eligible Bet and agrees that COPL reserves the right to determine (in its absolute sole discretion):
(a) if and when any Cash Out offer is to be made to a particular Eligible Participant;
(b) if and when any Cash Out offer is to be made in relation to a particular Eligible Bet; and
(c) if a Cash Out offer is made conditionally or unconditionally.
80.1 If an Eligible Participant accepts a Cash Out offer from COPL made via their Account using an Approved Account Channel or an Approved Live Account Channel, COPL will transfer the Upfront Payment to the Account that was used to place the bet.
80.2 If an Eligible Participant accepts a Cash Out offer from COPL via an Approved Non- Account Channel, COPL will credit the Upfront Payment to the same session on the relevant Non-Account Channel. Once the Upfront Payment is credited to the same session of the Non-Account Channel, the Eligible Participant may then use the credit for further wagering or withdraw the credit by way of voucher.
81.1 By accepting a Cash Out offer, the Eligible Participant grants each of us and COPL an express right of set off in relation to the proportion of the Bet Proceeds that the Eligible Participant agreed to transfer to COPL and consents to us paying any such amount to COPL.
81.2 If an Eligible Bet is fully Cashed Out, 100% of the Bet Proceeds will be paid to COPL under clause 81.1.
81.3 If an Eligible Bet is partially Cashed Out, the ratio of:
(a) the Upfront Payment agreed by the Eligible Participant; and
(b) the Upfront Payment that was offered to the Eligible Participant for a full Cash Out at the time the Eligible Bet was partially Cashed Out,
is the proportion of the Bet Proceeds that will be paid to COPL under clause 81.1. If the Eligible Bet that was partially Cashed Out was a Quaddie, the Eligible Participant may be provided with a 'Remaining Flexi' percentage as an indication of the part of the Flexi percentage of the Quaddie that has not been Cashed Out. For the avoidance of doubt, the original Quaddie bet placed in the totalisator is not altered and is dealt with under the relevant Betting Rules.
82.1 We are simply acting as a facilitator to the Cash Out transactions between you and COPL. The underlying Eligible Bet placed with us is unaffected by Cash Out.
82.2 By accepting a Cash Out offer, you accept:
(a) the relevant bet has been Cashed Out and that process cannot be reversed or amended, except as set out in this Part J;
(b) you will not receive any payout or refund in relation to the proportion of Eligible Bet that you agree to Cash Out;
(c) in relation to an Eligible Bet Cashed Out via an Approved Account Channel , once COPL has the Upfront Payment credited to the relevant Account, COPL has no further obligation to you in relation to that Eligible Bet;
(d) in relation to an Eligible Bet Cashed Out via an Approved Non-Account Channel , once COPL has the Upfront Payment credited to the session on the Approved Non-Account Channel , COPL has no further obligation to you in relation to that Eligible Bet;
(e) we and COPL may assume that the holder of the ticket (or any copy of it) that sets out the relevant Eligible Bet, which is presented to an Approved Non-Account Channel for Cash Out, is the lawful owner of the Eligible Bet; and
(f) we and COPL may assume that all requests for and any acceptance of a Cash Out offer via an Account was undertaken by the account holder.
82.3 If we become aware of a bet being Cashed Out by a person who is not an Eligible Participant, we may, at our discretion and after consultation with COPL, cancel the Cash Out transaction and recover the Upfront Payment from the relevant person as a debt due.
83.1 An Eligible Bet can only be Cashed Out once. If an Eligible Bet is only partially Cashed Out, the balance of the Eligible Bet may not be Cashed Out at a later time.
83.2 An Eligible Bet placed via an Account Channel can only be Cashed Out through the actual Account in which it was placed.
83.3 Eligible Bets placed via a Non-Account Channel can only be Cashed Out:
(a) through a retail outlet operated by the Product Supplier with whom it was placed;
(b) if the Eligible Participant holds the relevant ticket for the Eligible Bet and that ticket can be read by an Approved Non-Account Channel (currently limited to selected self-service retail terminals); and
(c) where the value of the Eligible Bet or Cash Out offer is above certain thresholds, if the Eligible Participant has verified the relevant ticket at the operator window at the retail outlet.
83.4 Tickets that are lost, destroyed or illegible, cannot be Cashed Out.
83.5 If an Eligible Participant received TAB Reward points or any equivalent reward points from us as a result of placing the relevant bet, then that Eligible Participant will be entitled to maintain such rewards points in accordance with the relevant rewards program terms and conditions, notwithstanding that the Eligible Bet has been Cashed Out.
83.6 We consent to and hereby authorise the Eligible Participant to Cash Out their Eligible Bets with COPL subject to these Terms and Conditions.
83.7 We, COPL and each person who requests and/or accepts aCash Out offer from COPL, hereby expressly agrees that all communications between any of the parties occurred in the Northern Territory, Australia.
84.1 Each customer who requests a Cash Out offer warrants to each of us and COPL that:
(a) all information provided by him or her is true and correct; and
(b) they are in a jurisdiction where they are permitted to request and/or accept a Cash Out offer.
85.1 In relation to all matters relating to Cash Out in connection with a bet placed in any jurisdiction, this Part J will be governed by and construed in accordance with the laws in force in the Northern Territory and we, COPL and each customer who requests and/or accepts a Cash Out offer, irrevocably submits to the exclusive jurisdiction of the courts of the Northern Territory in respect of any such dispute or matter arising from this Part J.
In these Terms and Conditions, unless the context requires otherwise:
Account means each of your TAB accounts established pursuant to these Terms and Conditions;
Account Channel means any TAB channel available to access an Account including TAB's retail outlets (using Account Mode), TAB Websites, TAB's Mobile Applications, TAB telephony services, TAB's interactive TV services and such other channels as TAB may provide from time to time;
Account Data means the transactional data relating to your Account, including win/loss history, turnover history, bet type selection and responsible gambling activity;
Account Mode means the process of logging into an Account via a TAB self-service electronic terminal which has the Cash Out functionality enabled and is located at any of TAB's permanent or temporary retail outlets;
Activated Channel means a channel which has been set up to allow betting through the use of Bonus Bets (which as at the date of publication of these Terms and Conditions includes tab.com.au, the TAB iPhone and iPad App and the TAB Android App);
Allocation has the meaning given in clause 61.1(d);
Approved Account Channels mean tab.com.au and the TAB App;
Approved Jurisdiction means any jurisdiction other than a Prohibited Jurisdiction as defined in clause 48;
Approved Live Account Channel means TAB's telephone service only;
Approved Non-Account Channel means a TAB self-service electronic terminal which has the Cash Out functionality enabled and is located at any of the relevant TAB's permanent or temporary retail outlets except when the relevant terminal is in Account Mode;
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Available Token List means the list on an Eligible Participant's Account which lists the Bonus Bets available to that Eligible Participant;
Bet Builder means the mechanism used to build and submit one or more bets applicable to the channel being used to submit the bet;
Bet Proceeds means the total amount payable by us to the Eligible Participant in relation to the Eligible Bet under the relevant Betting Rules;
Betting Rules means the rules made by each of the Product Suppliers that govern the supply of their Products, as approved by the relevant gambling regulator (if necessary);
Bonus Bet means a token that grants a conditional contractual right to a bonus bet as detailed in Part I;
Bonus Bet Funds means the net funds received from a successful and/or refunded (including by way of abandonment) bet using a Bonus Bet, after Stake Return, as specified in clause 70.4;
Bonus Bet Stake means the face value of the relevant Bonus Bet in Australian dollars, where the face value is quoted on a GST inclusive basis;
Cash Back means the relevant Promo Benefit that is credited to the Eligible Participant's Account with funds to the value of the Promo Benefit;
Cash Out means the fixed price betting feature described in clause 73 and an Eligible Bet is Cashed Out when and offer to Cash Out is accepted;
Check and Collect means the feature we offer referred to in clause 42;
Claim means any claim, action, proceeding, litigation, obligation, investigation or demand made against the person concerned however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description;
Competition means a competition (including, but not limited to, a raffle, trade promotion, tipping competition or calcutta) conducted by TAB (or a Related Body Corporate) from time to time in and in accordance with any Promo Terms and Conditions;
Competition Prize has the meaning given in clause 61.1;
Consequential Loss means:
(a) any and all Loss suffered by a participant that cannot reasonably be considered to arise naturally from the breach, event or events giving rise to the losses; and
(b) any and all loss of profits, loss of revenue and loss of opportunities,
whether arising in contract, tort (including negligence) or equity or under any statute;
COPL means COPL Pty Limited (ACN 604 570 023);
Deposit Limit means the amount of money that you can deposit into your Account in accordance with clause 15;
Deposit Promo has the meaning given in clause 71;
Designated Account means the account nominated by you for withdrawals from your Account;
Dividend or Payout and Refund means the total of the dividend or payout and refund (whether full or partial, including by way of abandonment) (as applicable) paid in relation to the relevant bet in accordance with the applicable Betting Rules;
Eligible Bet has the meaning given in clause 75;
Eligible Participant means a customer that we have not determined to be ineligible for all Promos, a particular Promo or for the purposes of Cash Out, including on the grounds of being a Restricted Person or otherwise in accordance with Terms and Conditions (including pursuant to clauses 60 and 75).
Excluded Customer means
(a) a TAB customer who has notified us that they have difficulties managing their gambling behaviour;
(b) is a self-excluded patron (whether voluntarily or involuntarily);
(c) is a person who we or COPL have determined (in our or their sole discretion) is an individual that has difficulties managing their gambling behaviour; or
(d) is a person who TAB has notified is no longer an Eligible Participant for the purpose of specific Promo.
Expired Token List means the list on an Eligible Participant's Account which lists the Eligible Participant's Bonus Bets that have expired;
Expiry Date has the meaning given in clause 67;
Inactive means that there has been no deposit, withdrawal, Product purchase, dividend or prize won or paid, on your Account;
Inactive Account means that your Account has been Inactive for a continuous period of at least fourteen months in accordance with clause 21.1 or has otherwise been deemed Inactive by us in accordance with the Terms and Conditions;
Ineligible Customer means a TAB customer who we determine is no longer eligible to participate in Cash Out, for example if the customer is exploiting Cash Out in a manner which is not acceptable to us. We will use best endeavours to notify the customer as soon as possible after making such determination;
Legislation means, in respect of the Products of:
(a) NSW TAB - the Betting and Racing Act 1998 (NSW), theTotalizator Act 1997 (NSW) and the Unlawful Gambling Act 1998 (NSW);
(b) TAB ACT - the Gambling and Racing Control Act 1999 (ACT) and Totalisator Act 2014 (ACT);
(c) TAB Victoria - the Gambling Regulation Act 2003 (Vic);
(d) UBET NT - theTotalisator Licensing and Regulation Act 2000 (NT) and the Racing and Betting Act 1983 (NT);
(e) UBET QLD - the Wagering Act 1998 (Qld);
(f) UBET SA - the Authorised Betting Operations Act 2000 (SA);
(g) UBET TAS - the Gaming Control Act 1993 (Tas);
and all ordinances, by-laws, regulations or other statutory documents issued under each of the documents set out above;
Liability means any debt or other monetary liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description;
Loss includes any direct, indirect or Consequential Loss, loss of chance, damage, Liability, cost or expense however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description;
Member means a person who has been accepted by us as either a Restricted Member or an Unrestricted Member (as applicable) following submission of an application for registration;
Non-Account Channel means any of TAB channels for placing a bet without having an Account including TAB's permanent and temporary retail outlets as TAB may have from time to time except where the customer is using Account Mode;
NSW TAB means the New South Wales TAB operated by TAB Limited (ABN 17 081 765 308);
Player Tracking means the use of data algorithms and models to support the identification of customers who may be at risk of problem gambling;
Product Suppliers means:
(a) in relation to customers of NSW TAB: TAB Limited (ABN 17 081 765 308);
(b) in relation to customers of TAB ACT: Tabcorp ACT Pty Ltd (ABN 19 167 957 002);
(c) in relation to customers of UBET NT: UBET NT Pty Ltd (ACN 092 655 831);
(d) in relation to customers of UBET QLD: UBET QLD Limited (ACN 085 691 738);
(e) in relation to customers of UBET SA: UBET SA Pty Ltd (ACN 097 719 107);
(f) in relation to customers of UBET TAS: UBET TAS Pty Ltd (ACN 095 972 106); and
(g) in relation to customers of VIC TAB: Tabcorp VIC Pty Ltd (ACN 668 057 056).
If you are unsure as to who your Product Supplier for wagering Products is, please contact Tabcorp customers service on 131 802.
Products means products and services as supplied by the Product Suppliers and any other products and services that we are lawfully able to supply from time to time, including but not limited to the services mentioned in these Terms and Conditions;
Prohibited Jurisdiction has the meaning given in clause 48;
Promo means a promotion or Competition run by TAB (or a Related Body Corporate) in which Promo Benefits may be given to Eligible Participants , including by awarding aCompetition Prize, byAllocation or through an Eligible Participant making a Promo Bet or Promo Deposit;
Promo Benefit means a benefit received by an Eligible Participant pursuant to Part I and includesCompetition Prizes,Bonus Bets and Cash Back;
Promo Bet has the meaning given in clause 61.1;
Promo Code means the code specified by us which is required to be used to earn a Bonus Bet associated with a Promo;
Promo Deposit has the meaning given in clause 61.1;
Promo Terms and Conditions means any terms and conditions contained in the relevant offer for the Promo (including any information contained in any notification to you) and any terms applicable under clause 62 or clause 66 (as the case may be);
Quaddie has the meaning given in the relevant Betting Rules;
Recreational Gambler means a gambler who, in our view and sole discretion, only gambles on a recreational basis;
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth);
Restricted Member means a person whose identity, age and place of residence have not been verified in accordance with our identification procedures. A Restricted Member includes a person who has advised us of a change to their personal details, which has not been verified in accordance with our identification procedures;
Restricted Person means a person who is ineligible to participate in certain forms of gambling due to their direct or indirect involvement in the underlying activity, eg a participant in a race or sport;
Spend Limit :
(a) means the dollar equivalent of bets that can be purchased for NT, SA, QLD and TAS Account holders only; or
(b) has the meaning given in clause 16;
Stake Return has the meaning given in clause 70;
Tabcorp means Tabcorp Holdings Limited and its Related Bodies Corporate;
TAB ACT means Tabcorp ACT Pty Ltd (ABN 19 167 957 002);
TAB Active means a betting application provided in conjunction with Sky Racing Channel which may enable you to place bets with UBET using your pay-television remote control and your relevant Account (if available);
TAB App means TAB's iPhone App, iPad App and Android App;
TAB Mobile Application means the TAB App and other Tabcorp wagering and/or promotional mobile applications available from time to time;
TAB Venue means a TAB agency, a TAB facility in a pub or club or on-course at a racetrack;
TAB Website means tab.com.au and other Tabcorp wagering and/or promotional websites available from time to time;
Terms and Conditions means these terms and conditions;
Third Parties means any person who is not you or us;
Third Party Facilitators means a banking or financial institution or other financial service provider that facilitates the transfer of funds to your Account;
TPCP has the meaning given to it in clause 56;
TPCP Terms and Conditions has the meaning given to it in clause 56;
Transaction Point means the point at which a Promo Code must be entered for an Eligible Participant to be eligible for a Bonus Bet, for example:
(a) For a Promo Bet, it would be at the appropriate location for the relevant bet in the Bet Builder; and
(b) For a Promo Deposit, it would be at the appropriate location for the relevant deposit on the deposit screen;
UBET NT means UBET NT Pty Ltd (ACN 092 655 831);
UBET QLD means UBET QLD Limited (ACN 085 691 738);
UBET SA means UBET SA Pty Ltd (ACN 097 719 107);
UBET TAS means UBET TAS Pty Ltd (ACN 095 972 106);
Unrestricted Member means a person whose identity, age and place of residence have been verified in accordance with our identification procedures;
Upfront Payment means the upfront payment from COPL to the Eligible Participant in consideration for the Eligible Participant agreeing to share theBet Proceeds with COPL;
Used Token List means the list on an Eligible Participant's Account which lists the Bonus Bets that the Eligible Participant has used to place a bet;
VIC TAB means the Victorian TAB operated by Tabcorp VIC Pty Ltd (ACN 668 057 056);
Vision has the meaning given to it in clause 54;
We, us or TAB means Tabcorp and each relevant Product Supplier;