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The Punters Pal – Terms and Conditions
The fine print and everything in between

Definitions

1.1 “Bookmaker” shall mean Shane Filipek Bookmaking Pty Ltd and its successors and assigns.
1.2 “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client.
1.3 “Bets” shall mean all bets or wagers placed with the Bookmaker by the client.
1.4 “Betting Account” shall mean an account through which all of a Client’s bets are placed. Each Client will be issued with a Betting Account prior to Bets being accepted by the Bookmaker.
1.5 “Settlement” shall mean the full payment of the Betting Account balance for a settlement period.

Acceptance

2.1 Any instructions received by the Bookmaker from the Client for the placing of Bets shall constitute acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Bookmaker.
2.3 None of the Bookmaker’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Bookmaker in writing nor is the Bookmaker bound by any such unauthorised statements.
2.4 The Client undertakes to give the Bookmaker not less than fourteen (14) days prior written notice of any proposed change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or telephone number).
2.5 Shane Filipek Bookmaking Pty Ltd reserves the right to void any or all wagers made by any individual or group of people acting together (or on behalf of another individual or group of people) in an attempt to gain financial benefit through the manipulation of tote based dividends or official starting prices. This can include persons, relatives, organisations, bookmakers and their employees.

Bets

3.1 The Bets are placed by either; (a) betting slip; or (b) telephone communication between the Bookmaker and the Client

Payment

4.1 At the Bookmakers sole discretion a Betting Account will be granted a maximum debit limit. A maximum debit limit is the maximum permissible debit balance.
4.2 Winnings will be credited to the Client’s Betting Account following confirmation of the final result. Should funds be credited to a Client’s Betting Account in error, it is the Client’s responsibility to notify the Bookmaker of the error without delay and the Client shall return to the Bookmaker any funds credited in error.
4.3 The Client is required to settle the Betting Account seven (7) days following the date of the Bet with respect to Bets made by the Client and accepted by the Bookmaker.
4.4 If there are unsettled Betting Account balances for prior settlement periods then those prior settlement periods must also be settled.
4.5 Where a Client has not been granted a maximum debit limit the Client may be refused Bets by the Bookmaker if their Betting Account balance at any time is in debit or if the effect of any Bet would cause the Betting Account to go into debit.
4.6 At the Bookmakers sole discretion, the Bookmaker may refuse Bets if the Client’s Betting Account balance at any time exceeds their maximum debit limit or if the effect of that Bet would cause the maximum debit limit to be exceeded. If the Bookmaker, in its discretion, allows a Client to make a Bet even though the maximum debit limit may be exceeded, the Client shall settle its resultant Betting Account balance on demand.
4.7 It is the responsibility of the Client to monitor the balance of their Betting Account and if, for whatever reason the Betting Account balance exceeds its maximum debit limit it is the Client’s responsibility to ensure that all amounts of the debit balance are settled in accordance with these terms and conditions.
4.8 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Client and the Bookmaker.

The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

5.1 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

Default & Consequences Of Default

6.1 Interest on overdue Settlements shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.
6.2 If the Client defaults in payment of any Settlement when due, the Client shall indemnify the Bookmaker from and against all the Bookmaker’s costs and disbursements including on a solicitor and own client basis and in addition all of the Bookmaker’s nominees costs of collection, which may include any commission paid or payable to any third party commercial or mercantile agent.
6.3 If any Settlement remains unpaid at the end of the second month after supply of the Bets or Bets the following shall apply: An immediate amount of the greater of $20.00 or 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.
6.4 If the Client defaults in payment of any Settlement when due, the Client irrevocably submits unconditionally to the jurisdiction of the Courts of New South Wales in respect of all claims, proceedings and matters arising out of or in respect of these Terms & Conditions.

Security And Charge

7.1 Notwithstanding anything to the contrary contained herein or any other rights which the Bookmaker may have howsoever:

(a) Where the Client is the owner of land, realty or any other asset capable of being charged, the Client agrees to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Bookmaker or the Bookmaker’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client acknowledges and agrees that the Bookmaker (or the Bookmaker’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.

(b) Should the Bookmaker elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client shall indemnify the Bookmaker from and against all the Bookmaker’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) The Client hereby irrevocably nominates constitutes and appoints the Bookmaker or the Bookmaker’s nominee as the Client’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Bookmaker and/or the Bookmaker’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Client in any land, realty or asset in favour of the Bookmaker and in the Client’s name as may be necessary to secure the said Client’s obligations and indebtedness to the Bookmaker and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Bookmaker’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.

Access and Correction

8.1 The Bookmaker may cancel these terms and conditions or cancel delivery of Bets at any time before the Bets are delivered by giving written notice. The Bookmaker shall not be liable for any loss or damage whatsoever arising from such cancellation.

Privacy Act 1988

9.1 The Client agrees for the Bookmaker to obtain from a credit-reporting agency a credit report containing personal credit information about the Client in relation to credit provided by the Bookmaker.
9.2 The Client agrees that the Bookmaker may exchange information about the Client with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:

(a) To assess an application by Client;
(b) To notify other credit providers of a default by the Client;
(c) To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and
(d) To assess the credit worthiness of the Client.

9.3 The Client consents to the Bookmaker being given a consumer credit report to collect overdue payment on commercial credit (Section 18K (1)(h) Privacy Act 1988).
9.4 The Client agrees that Personal Data provided may be used and retained by the Bookmaker for the following purposes and for other purposes as shall be agreed between the Client and Bookmaker or required by law from time to time:

(a) provision of Betting Accounts;
(b) marketing of Betting Accounts by the Bookmaker, its agents or distributors in relation to the Betting Accounts;
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Betting Accounts;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Betting Accounts.

9.5 The Bookmaker may give, information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client; and or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

9.6 The Client agrees to notify Shane Filipek Bookmaking Pty Ltd if they are, or become, a Politically Exposed Person as defined by the Financial Action Task Force (ie individuals who are or have been entrusted with prominent public functions in a foreign country including, but not limited to, Heads of State, senior political, judicial or military officials).

Bonus and free bets

10.1 The bonus offer is valid once only per client or once only per credit card. Any card that has been used for a previous transaction will not qualify for the bonus even if it was used on a different account.
10.2 To be eligible for the bonus the client must not have had a previous transaction with Shane Filipek Bookmaking Pty Ltd. There is only one bonus allowed per household (the same address).
10.3 To be eligible for the bonus the client must turnover TWICE the full amount of their initial deposit, and the events bet on must be finalised. For the purpose of determining turnover, only stakes invested on outcomes with a dividend greater than $1.50 will be included in this turnover figure and all racing exotic bets will be excluded.
10.4 The Bookmaker reserves the right to retract this bonus offer if –

(i) The client is considered to be a licenced bookmaker or a non-recreational gambler.
(ii) The client is considered to be acting on behalf of a licenced bookmaker or non-recreational gambler.
(iii) The client is considered to be opening multiple accounts under different names, or is consider to be collaborating with another person to open multiple accounts.

10.5 The client may withdraw their initial deposit at any time, but if they make a withdrawal prior to turning over the full amount required (see section 10.3 for turnover restrictions), their bonus will be retracted.
10.6 The client may bet on any on horse race using any bet type all racing exotic bets will be excluded, but until they have turned over the amount required (see section 10.3 for turnover restrictions) they may not back opposing competitors in the same event where there are 3 or less competitors involved, or they will forfeit their bonus.
10.7 Only the profit portion of a successful free bet will be added to the clients cash balance
10.8 All free bets in singular or aggregate will expire after 6 months if not fully used
10.9 Free bets are not redeemable for cash
10.10 Bonus is not available to residents of Victoria.

General

11.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
11.2 The Bookmaker is subject to the laws of New South Wales and takes no responsibility for changes in the law which affect their operation or the way in which Bets are made.
11.3 In the event of any breach of this contract by the Bookmaker the remedies of the Client shall be limited to damages.
11.4 The Bookmaker reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Bookmaker notifies the Client of such change.
11.5 The Bookmaker shall not be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.