[Last Published: 25th May 2021]
1.1. These are the Moneyball Website General Terms and Conditions of Use (Terms) of MONEYBALL AUSTRALIA PTY LTD (ACN 602 34 901) (Moneyball, Moneyball.com.au, Our, We, Us) Moneyball.com.au is licensed in the Northern Territory, Australia by the Northern Territory Racing Commission under a Sports Bookmaker's License to accept bets via the internet.
1.2. The Terms are governed by and will be construed in accordance with the laws in force in the Northern Territory, Australia. Each party irrevocably and unconditionally submits to the jurisdiction of the courts of Northern Territory, Australia, and any courts which have jurisdiction to hear appeals from the courts of Northern Territory, and agree that these courts shall have exclusive jurisdiction to settle any dispute that may arise out of these Terms or any dispute involving Moneyball, and any of its directors, officers and/or employees and waives any right to object to any proceedings being brought in those courts. All bets placed with and accepted by Moneyball are bets placed and accepted in the Northern Territory of Australia.
1.3. The Website means Moneyball.com.au, The Website is owned and operated by Us. You and Your means the person using, browsing or otherwise accessing any content or data on the Website, including any subdomains of the Website, or related top-level domains including Moneyball.com.au, mobile sites, mobile applications, APIs and widgets (together, Our Websites).
1.5. We reserve the right to change any of the Terms or other Conditions for using Our Websites at any time by amending, enhancing or publishing new terms or conditions on the Website. Where amendments to the Terms or other Conditions are material, reasonable notice of the amendments will be provided to You by publication on Our Websites. Your use of Our Websites constitutes Your acceptance of Our Terms and Conditions in place from time to time. Should You object to any of Our Terms and Conditions of use or other notices on Our Websites Your sole option is to immediately cease Your use of Our Websites.
1.6. You also acknowledge and agree that by using Our Websites, You agree to be bound by the “General Betting Rules” and the “Special Betting Rules” of each event.
1.7. Your use of information on our site including results, fixture lists, statistics, data, news posted, and any other information on Our Website is at Your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, We make no warranty as to the accuracy or reliability of the information contained on Our Websites or in Our publications (including, but not limited to, any content or information generated on Our Websites by or on behalf of Us, and any Third Party Content on Our Websites). To the extent permitted by law, We and Our related entities, directors, officers, employees and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from Our Websites or publications.
1.8. You acknowledge and agree that You are responsible for complying with applicable laws and regulatory requirements in Your jurisdiction which relate to Your access to and use of Our Websites, including laws relating to gambling and taxation. By accessing and using Our Websites, you warrant to us that it is lawful for You to access and use Our Websites in Your jurisdiction.
2. User Registration
2.1. If You wish to become a registered member of Our Websites, You will need to apply for a member account (Account). Members are only permitted to open one account. Moneyball reserves the right to close any duplicate accounts. All money paid into duplicate account(s) will be transferred to the member’s Account. Any pending bets and winnings originating from a duplicate account will be cancelled. In order to apply for an Account, You must complete all details in accordance with the instructions on the Website.
2.2. You warrant to Us that all the information You provide in the process of opening Your Account is accurate, complete and current. If any of the information We hold on Your Account changes, please login to Your Account and update the relevant information. You are responsible for ensuring that the information We hold on Your Account remains accurate, complete and current.
2.3. You must not open or attempt to open an Account using another person’s identity (including but not limited to using another person’s name, date of birth, address, telephone number, email address or credit or debit card details, and digital/IP identity). You must not access, operate or use or attempt to access, operate or use another person’s Account, or permit another person to use your Account.
2.4. Upon grant of the Account by Us, your Account will be created and You will be able to use Our Websites and place bets with Us. We may refuse to grant an application for an Account made by any person.
2.5. You continuously represent and warrant to Us that you will keep your login details private and confidential and will continue to be the only person accessing Your Account. No person is authorised to bet on Our Websites or otherwise until granted an Account.
2.6. You must be over 18 years of age and a resident of Australia to access and use Our Websites. All registered members must verify their identity within 14 days of joining, in compliance with AUSTRAC’s AML/CTF regulations. Until Your identity is verified to Our reasonable satisfaction in accordance with applicable legal and regulatory requirements, You may be unable to perform certain actions relating to Your Account and We may suspend Your Account.
2.7. You will also be required to verify any credit or debit card or bank account which you use to deposit or withdraw funds.
2.8 In accordance with Our legal and regulatory obligations, We may request from time to time further information from You to verify any aspect of Your Account, personal or financial details and You agree to provide any further information requested within the stated time frame. Failure to provide any information may result in Us suspending Your Account and any pending transaction(s) with immediate effect.
3.1. Access to Your Account and to add to, delete or modify content on Your Account is password protected. You must memorise Your password or store Your password in a safe and secure place. You nagree that You will not disclose Your password to anyone or allow any other person to access or use Your Account.
3.2. You should check the My Transactions page of your Moneyball account often to ensure there has been no unauthorised use of your account. If you suspect any unauthorised activity you must change your password immediately and contact [email protected]
4. Deposits, Withdrawals and Member Account Funds
4.1. Moneyball.com.au endeavours to ensure that deposits are immediately available in the Member’s Moneyball Account, and can be accessed for placing bets.
4.2. If you are using a credit card your bank may charge you a cash advance fee. Moneyball will not cover these costs.
4.3. Moneyball will endeavour to process all approved withdrawal requests within 24 hours to endeavour to ensure that funds arrive in your nominated bank account on the next working day. This may on occasion take up to 5 working days or longer. In order to request a withdrawal, You must first complete Moneyball’s identity verification, credit card verification and bank account verification processes.
4.4. Moneyball.com.au holds Member Account Funds separately to operating cash and revenue. Member Account Funds will be held within accounts at Our bank, currently the National Australia Bank.
4.5. You authorise Moneyball to rely on, accept and act on any instructions received from your Account or your email address used at the registration stage.
4.6. By accepting these Terms you agree and authorise Moneyball to pay any and all monies payable to you to the bank account or other method/channel nominated in your Account/wallet, or as directed by you from time to time. You agree to hold Moneyball harmless against any claims by you and/or your personal representative from Moneyball making payments in line with your instructions and to your nominated bank account.
4.7. The identification details You provide to Moneyball must be identical to the identification details provided on any payment method You use to deposit or withdraw funds from Your Account. If there is any inconsistency between these details, Moneyball reserves the right to refuse any deposit or withdrawal request and any deposits made using this payment method will be invalid (and any winnings arising from bets placed with the deposited funds will be void).
4.8. All amounts on Your Account are displayed in Australian dollars, unless otherwise stated.
4.9. Any deposited funds into your member account must be turned over at least once or ‘bet through’ prior to requesting a withdrawal from your member account.
4.10. Moneyball reserves the right to waive par. 4.9 should the Member be restricted in stake while placing a bet, if an error is made during a transaction, or for any other reason, determined at our discretion.
4.11. Your account is provided to you solely to enable you to place bets. If you appear to be depositing or withdrawing money without genuinely betting, we may suspend your Account for as long as necessary to conduct an investigation to determine whether there has been a breach of our Terms and Conditions.
5. Restrictions on use of Our Websites
5.1. In accessing or using Our Websites you agree that you will not:
5.1.1. use any automated device, software, process or means to access, retrieve, scrape, or index Our Websites or any content on Our Websites without Our express prior written consent;
5.1.2. use any device, software, process or means to interfere or attempt to interfere with the proper working of Our Websites;
5.1.3. undertake any action that will impose a burden or make excessive traffic demands on Our infrastructure that we deem, in Our sole discretion to be unreasonable or disproportionate site usage;
5.1.4. use or index any content or data on Our Websites for purposes of competing with Us in any manner that we have not specifically authorised;
5.1.5. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
5.1.6 use Our Websites or any content from Our Websites in any manner which is, in Our sole discretion, not reasonable and/or not for the purpose it is made available;
5.1.7 violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
5.1.8. pose as any person or entity or attempt to solicit money, passwords or personal information from any person; act in violation of any Term or condition of use of Our Websites
5.1.9. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Our Websites or any content on Our Websites, except as expressly authorised by us; or
5.1.10. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
5.2. We reserve the right to prevent unauthorised access to or use of Our Websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
6. Intellectual Property
6.1 Unless indicated otherwise, all intellectual property in Our Websites is owned or licensed by Us. Subject to these Terms, You agree that You will not infringe Our intellectual property as contained in Our Websites and will not modify, copy, republish, frame, distribute or communicate any part of Our Websites or any information contained in it or otherwise use Our Websites in a way which will infringe Our intellectual property or other rights.
7. Use of Account and Websites
7.2. You agree, and continuously represent and warrant each time You access Your Account and Our Websites that You will not upload or otherwise provide any content which:
7.2.1. is inaccurate, misleading, deceptive, incomplete, defamatory, fraudulent, unlawful, tortious or confidential;
7.2.2. infringes the intellectual or other proprietary interests of third parties;
7.2.3. contains spam, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of Our Websites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of Our Websites or otherwise breaches or encourages other users to breach these Terms;
7.2.4. violates any law, statute or regulation; and/or
7.2.5. forges information to disguise the origin of any Content.
7.3. We may be required to restrict Your access to all, or any part, of Our Websites due to circumstances beyond Our control, including changes to legal and regulatory requirements. Where possible, We will endeavour to provide You with prior notice of these restrictions.
8. Third-Party Content
8.1. Our Websites contain content provided to Us by other parties (Third-Party Content). This includes the information relating to sport, racing, and any other related information. We are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third-Party Content. Third-Party Content does not represent Our views. You rely on Third-Party Content completely at Your own risk.
10.1. You agree that you will not access or attempt to access Your Account or any other Moneyball.com.au account to use any of our services or products from which you have self-excluded, during the period of any such self-exclusion.
10.2. To commence a self-exclusion period from Moneyball, you must:
10.2.1. Select the self-exclusion option in your Moneyball Account or email [email protected] with your account details and the desired period of your self-exclusion;
10.2.2. Once the request has been verified, you will be blocked from logging into the website with your Moneyball.com.au Account for the period nominated and an email will be sent to you confirming your self-exclusion. The self-exclusion period cannot be cancelled. Moneyball.com.au reserves the right to both extend self-exclusion and deny a request to cancel self-exclusion.
10.3. It is your responsibility to ensureYour Account is secure from manipulation to access via multiple devices or any other means possible to access your Moneyball.com.au Account during your term of self exclusion.
10.4. To exclude from all Northern Territory online gambling providers, you must fill out the following online form: https://nt.gov.au/industry/gambling/gambling/self-exclusion-from-a-sports-bookmaker-or-betting-exchange-operator
10.5. Please note that other self-exclusion regimes may apply outside of the Northern Territory. Details of these self-exclusion regimes are available at https://austgamingcouncil.org.au/taxonomy/term/13?page=1
11. Setting spending and deposit limits
11.1. To set Your spending (betting) and deposit limits, You will need to login to Our Website and set these limits under the Responsible Tools section. You can set deposit limits during registration.
11.2. You agree that You will not attempt to spend in excess of any self-imposed spending or deposit limits during the specified timeframe in which limits apply.
11.3 Once you have set these limits, they will apply for the duration of the timeframe you set.
12. General Betting Rules
These are Our general betting rules that apply to products and offerings in general. For detailed rules relating to specific events, bets and product offerings please see our Special Betting Rules. You agree to be bound to both our General Betting Rules and Special Betting Rules.
12.1. A bet, which has been placed and accepted, cannot be amended, withdrawn or cancelled by You. The list of all the bets, their status and details are available to You on Our Website.
12.2. Winnings will be paid into Your Account after the final result is confirmed by the official governing authority of the relevant sport or competition. However, Moneyball.com.au reserves the right to set aside any winnings should there be any investigation resulting from a suspicion of criminal activity(ies) or any manipulation that may have affected the result. If an irregularity in either betting patterns or event outcome is confirmed by the governing authority, third-party or Us, We retain the right to void and/or refund any staked amount placed on the event at our discretion. In the case that any bets have already resulted, We retain the right to resettle the event outcome and confiscate any winnings associated.
12.3. Should We become aware or reasonably suspect that you have placed a number of bets from different accounts, or from different accounts that may be under Your control, all bets will be voidable and any winnings cancelled/reversed. We retain the right to take further action in accordance with our legal and regulatory obligations.
12.4. If bets which exceed the stated maximum bet amounts (see Special Betting Rules) are erroneously accepted by Moneyball.com.au, the excess amount will be disregarded and the bet amount placed will be revised to the maximum bet amount and the difference shall be refunded/credited to Your Account.
12.5. If an event does not start on the scheduled starting date or starts but is later postponed and/or abandoned and is not completed (resumed) by the end of the next calendar date, all bets will be void except for any bets determined to be unconditional under the rules of the relevant market, in which case, the bet may stand.
12.6. We reserve the right to change the General Betting Rules from time to time. Where changes to the General Betting Rules are material, reasonable notice of the changes will be provided to You by publication on Our Websites. For particular matches or events and different sports or racing codes, the Special Betting Rules apply. In the event of a discrepancy or conflict, the Special Betting Rules prevail over the General Betting Rules. Should there be a break in communication after you place Your bet and/or You receive no visual confirmation that a bet has been successfully placed, but the bet is correctly received on our servers, the bet shall be deemed as valid and accepted. You will be informed whether You have won or lost once communication is re-established and result determined. If the bet is not received correctly on our servers due to a communication error, it shall not be regarded as valid and accepted; and the failed bet shall be returned to Your Account balance. If Moneyball accepts a bet and there is an obvious or palpable mistake on Moneyball’s part, Moneyball can void the bet and any failed bet will be returned to Your Account balance. Moneyball reserves the right to void any bet placed or received after the scheduled start time of the subject event.
12.7. If You are unsatisfied with any matter relating to a bet with Moneyball.com.au, please notify Moneyball.com.au within 7 days in writing after the transaction has occurred. Acting reasonably, we reserve the right to disregard notifications made after the 7 day period. In the unlikely event of a discrepancy between the result that appears on Your device and the results in the transaction logs in Our system, You agree that the results in Our system's transaction logs verified by an officer of Moneyball.com.au shall be final, conclusive and binding.
12.8. The minimum stake on any bet is as contained in the Special Betting Rules.
12.9. The maximum amount that may be paid out on any bet is as is contained in the Special Betting Rules for details of these maximum amounts.
12.10. We may make certain offers and promotions available to You at Our sole discretion. If You are, or We suspect on reasonable grounds that You are, in breach of the terms or conditions of an offer or promotion or these Terms, We may restrict Your access to the offer or promotion or refuse to place Your bet.
12.11. If You do not have sufficient funds in Your Account to place a bet, You must not attempt to place that bet. Any bet placed in circumstances where there are insufficient funds in Your Account to place that bet is invalid and any winnings arising from that bet are void.
12.12 We reserve the right to refuse any bet or part of a bet without prior notification or reason if Your bet or part of a bet could in our sole opinion and discretion present an unacceptable liability or risk to our business.
13. Live Chat
13.1. As part of Your use of Our Website, We may provide You with a live chat facility, which is moderated by Us and subject to controls. We reserve the right to review the chat and to keep a record of all statements made on the facility. Your use of the chat facility should be for recreational and socialising purposes.
13.2. We have the right to remove the chat room functionality or immediately terminate Your Account and refund Your Account balance if you:
13.2.1. make any statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity;
13.2.2. make statements that are abusive, defamatory or harassing or insulting;
13.2.3. use the chat facility to advertise, promote or otherwise relate to any other online entities;
13.2.4. make statements about Our Website, or any other Internet site(s) connected to Our Website that are untrue and/or malicious and/or damaging to Moneyball.com.au;
13.2.5. use the chat facility to collude, engage in unlawful conduct or encourage conduct we deem seriously inappropriate. Any suspicious chats will be reported to the relevant authority.
13.3. Live Chat is our third party customer communication tool and is used as a form of communication between Us and You. Live Chat communications should not be copied or shared with (or in) any forums or third parties without our prior written consent.
14. Uncontrollable Circumstances
14.1. If, for any reason, an event is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, government intervention, pandemic, epidemic, fraud, technical failure or any other causes beyond the control of Moneyball.com.au, which corrupt or affect the administration, security, integrity or proper conduct of an event, Moneyball.com.au reserves the right in its sole discretion to take any action that may be available, subject to any applicable laws, including cancelling all bets on the event and refunding monies.
15. Management of Balances from Abandoned Accounts
15.1. Moneyball.com.au shall consider an account abandoned after 24 consecutive months of no deposits, withdrawals or betting activity (Abandoned Account).
15.2. To keep an Abandoned Account open you must pay a fee of $10 per month ('Administration Cost') which will be deducted from your Inactive Account (unless your Account balance is $0). To avoid the Administration Cost, you can simply either place a bet, make a deposit or withdraw your funds into your bank account. If this occurs your Account will no longer be deemed an Inactive Account.
16. Management of Balances from Suspended and Closed Accounts
16.1. Moneyball.com.au reserves the right to suspend or close any Account:
16.1.1. if required to do so by operation of law or regulation; or
16.1.2. if required to do so by any enforcement or regulatory body, or
16.1.3. if it determines, acting reasonably, that activity in the Account is to be suspended or closed due to further investigation into the member, activity or transaction.
16.2. Where and when permitted by law, Moneyball.com.au will contact members with suspended or closed Accounts to organize withdrawal/return of any credit balance.
16.3. Moneyball reserves the right to suspend any customer activity to launch an investigation into customer, or customer betting activities.
16.4. Any member may close their Account by contacting our customer support team at [email protected].
17. Complaints and Dispute Resolution
17.2. If You have a betting or gaming dispute in relation to one of Our products or services which You believe that Moneyball has not satisfactorily resolved by first contacting Moneyball 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 by completing the form directly https://nt.gov.au/industry/gambling/racing/complain-about-a-bookmaker-or-betting-exchange-operator/gambling-dispute-form. If an application is lodged after the 14 day period expires, an application for “out of time” consideration must accompany this dispute. Any decision of the Northern Territory Racing Commission is final and binding on both parties.
18. Law and Jurisdiction
18.1. These Terms, and the agreement of which they form part, are governed by the laws of the Northern Territory of Australia.
18.2. If a court of law determines that any of these Terms is illegal, invalid or unenforceable in any jurisdiction, then that Term will not apply in that jurisdiction and is deemed to have not been included in the Terms in that jurisdiction. This will not affect the remaining Terms.
18.3. Our failure to exercise any right, remedy or power under these Terms does not constitute a waiver of that right, remedy or power.
19. Limitation Of Liability
19.1. You agree that, to the maximum extent permitted by law, We are not liable to You or anyone else which includes your legal representative or assigns for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, arising out of, or in connection, with:
19.1.1. the use of Our Websites;
19.1.2. any Content You upload or otherwise provide;
19.1.3. the use by Us of information provided by You to Us through Our Websites;
19.1.4. being unable to access Our Websites for whatever reason and however arising;
19.1.5. the failure of Our Websites for whatever reason and however arising;
19.1.6. the use of Your password by You or any third-party to whom You have made the password available; and/or
19.1.7. any breach of the Terms and Conditions by You.
19.2. We expressly limit our liability to You and You agree that our liability to You is limited, for any loss or damage (however caused) incurred or suffered by You in connection with the use of any of Our products and services to the costs of having the service supplied and actually paid by you.
19.3. If a consumer guarantee is imposed by virtue of any legislation to the supply of the services, and that guarantee cannot be limited, then Our liability for a breach of that guarantee is limited to either re-supply of that service that the breach relates to, or the payment of the cost of having the services supplied again (the choice of which is to be at Our sole discretion).
19.4. You indemnify Us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Us, arising from, or which is directly or indirectly, related to:
19.4.1. Your breach or non-observance of any of these Terms;
19.4.2. any Content You upload or otherwise provide;
19.4.3. any breach or inaccuracy in any representations or warranties made to Us; and/or
19.4.4. any breach, or alleged breach, of intellectual or other proprietary rights or interests of third-parties.