Disclosure under s 47A Fair Trading Act 1987 (NSW)
1. Section 47A
47A Disclosure of prejudicial terms relating to supply of goods or services
(1) A supplier must, before supplying a consumer with goods or services, take reasonable steps to ensure the consumer is aware of the substance and effect of any term or condition relating to the supply of the goods or services that may substantially prejudice the interests of the consumer.
(2) Without limiting subsection (1), a term or condition relating to the supply of goods or services to a consumer may substantially prejudice the interests of the consumer if—
(a) the term excludes the liability of the supplier, or
(b) the term provides that the consumer is liable for damage to goods that are delivered, or
(c) the term permits the supplier to provide data about the consumer, or data provided by the consumer, to a third party in a form that may enable the third party to identify the consumer, or
(d) the term requires the consumer to pay an exit fee, a balloon payment or other similar payment.
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2. Prejudicial Terms
A. Terms which exclude the liability of Bet Right
Book 1 rule 1.8 Responsible Gambling and Harm Minimisation
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From a legal liability perspective, Bet Right will not accept any responsibility or admit to any liability if you nevertheless continue gambling and/or seek to access Bet Right with the intention of deliberately avoiding or breaching the relevant harm minimisation measures in place including self-exclusion.
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Book 3 rule 3.1 (a) Confirmation
(a) A bet that you request will only be valid once accepted by Bet Right’s servers. Each valid bet will receive a unique transaction code. We shall not be liable for the settlement of any bets which are not issued with a unique transaction code. If you are unsure about the validity of a bet, please check your account history, or contact us.
Book 5 rule 7 Further Disclaimer
Bet Right has taken all reasonable care in producing and publishing information contained on this website and will endeavour to do so regularly. Although considerable care has been taken in preparing and maintaining the information and materials contained on this Website, they are provided on an "as is" basis, without warranty of any kind, either express or implied, with respect to the accuracy or completeness of the information. Material on this site may still contain technical or other inaccuracies, omissions, or typographical errors, for which Bet Right assumes no responsibility. Bet Right does not warrant or make any representations regarding the use, validity, accuracy, completeness or reliability of any claims, statements or information on this site. In using this Website, you agree that under no circumstances, including, but not limited to, negligence, shall Bet Right be liable for any direct, indirect, special, incidental, consequential, or other damages, including but not limited to, indirect, incidental, special, punitive or consequential damages and loss of profits, opportunities or information, loss of programs, loss of data, loss of use of computer or other systems, whether or not advised of the possibility of damage, arising from your use, or inability to use, the material on this site. Furthermore, you may not modify or reproduce in any form, electronic or otherwise, any information on this site, except for personal use unless you have obtained Bet Right’s express permission.
Book 6 rule 1.1 Further Terms and Agreements
Bet Right’s website or mobile IOS and Android applications (Apps) or any other websites or applications that Bet Right owns or operates contain or constitute an invitation to treat, ie to provide betting or wagering services and products but does not provide any advice, opinions, expertise or inducement to gambling or placing of bets or wagers in any jurisdiction in Australia. No responsibility will be accepted for any loss – direct, indirect, or consequential – from the information presented on Bet Right’s website or mobile Apps or any other websites or applications that Bet Right owns or operates. Prospective users should rely on their own diligence and expertise when intending to make use of any information provided by Bet Right including information provided, posted or uploaded onto Bet Right’s website or mobile Apps or any other websites or applications that Bet Right owns or operates.
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The information provided on Bet Right’s website or mobile Apps or any other websites or applications that Bet Right owns or operates on betting and wagering services and products in Australia is based on research, analyses, effort and time Bet Right believes to be reasonable at the time to ensure the accuracy of information, including but not limited to statements and information on betting products, odds, prices, offers and special offers including bonuses. Such in-time information is subject to known and unknown risks, uncertainties and other factors that may cause the actual information to be materially different from those expressed or implied at the original sources. Although Bet Right has attempted to identify important factors that could cause actual information to differ materially from information at source, there may be other factors that cause the information provided not to be as anticipated, estimated or intended. There can be no absolute assurance that such information will prove to be completely accurate. Accordingly, you should understand that reliance on the information provided is at your own risk. Information is made as of the date time stamp of Bet Right’s website or mobile Apps or any other websites or applications that Bet Right owns or operates and Bet Right does not undertake to update or revise any information that is provided, except in accordance with our set protocols which are to provide an as accurate up-to-date curated set of information on betting and wagering services and products as is reasonably possible.
Book 6 rule 1.5 Limitation of Liability
Bet Right will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use Bet Right’s website or mobile Apps or any other websites or applications that Bet Right owns or operates and their content, whether based in contract, tort, statute or common law and equity, and whether or not Bet Right knows of the possibility of such damage.
If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this clause but allows a limitation to a certain maximum extent, then Bet Right’s liability is limited to that extent.
Bet Right’s website or mobile Apps or any other websites or applications that Bet Right owns or operates contain content provided to Bet Right by other parties (Third Party Content). This includes the information relating to sports and betting. Bet Right is not responsible for, does not endorse, and makes no representations, either expressly or impliedly, concerning Third Party Content. Third Party Content does not represent Bet Right views. You rely on Third Party Content completely at your own risk.
B. Terms which indemnify Bet Right
Book 2 rule 3.4(e) Closing
If and when your betting account with Bet Right is closed, whether by Bet Right of its own initiative or as requested by you, you agreed to be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by Bet Right resulting from any of your acts, statements and conduct, and you have also agreed to indemnify and hold Bet Right harmless against such claims, losses, liabilities, damages, costs and expenses.
C. Terms which provide for Liability of Client
Book 2 rule 3.2(c)-(f) Accessing Betting Account
(c) The betting account is your legal contract for wagering services with Bet Right and is your sole responsibility and you have agreed to bear all risk and liability in relation to the use of your betting account. If you nominate or allow, intentionally or unintentionally, another person as an authorised user of your account, or your account is accessed inadvertently, you will be responsible for all transactions such person makes using the relevant account details.
(d) The security of the means you have adopted to access your betting account is your responsibility and you bear all liability and risk for all bets and other activities conducted on or via your betting account if and when authorised or unauthorised access to your betting account has occurred with or without your knowledge.
(e) You agreed that bets placed on or via your betting account will be deemed to be legal and contractual bets placed by yourself if your betting account has been accessed using your username and password which have been entered correctly or if your betting account has been accessed via or using other technology you have set up including Touch ID, fingerprint authentication and login, Face ID or the “Keep me logged in” function notwithstanding that such access may not have been authorised by you, subject to there being sufficient funds in the betting account.
(f) You may use your betting account to place bets using the telephone betting service including mobile phones if and when your betting account is accessed using your name and account number or name and username correctly quoted. You have agreed that such bets placed on or via your betting account using the telephone including mobile phones will be deemed to be legal and contractual bets placed by yourself if your betting account has been accessed using your name and account number or name and username correctly quoted.
Book 2 rule 4.2 Withdrawals
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(b)
(i) If you wish to withdraw funds you have deposited into your Betting Account before having wagered the funds, regardless of whether an attempt to wager such funds has been amended by Bet Right, Bet Right reserves the right to apply a return to source fee before depositing funds back into the original account or source of the funds. This return to source fee is calculated as such:
A. administrative fee of $16.40;
B. transaction fee of 1.30% of every $1 which is not turned over that has been requested to be returned;
C. GST.
(ii) For the avoidance of doubt, notwithstanding Rule 4.2(b)(i) above, if and when you have been issued a bonus such as a power up bonus, whether initial or random, and you have used the power up bonus, if subsequently you wish to withdraw funds you have deposited into your Betting Account (from which the power up bonus was generated) before having wagered the funds, Bet Right reserves the right to apply a return to source fee as well as deducting the value of the power up bonus from the funds before depositing the funds back into the original account or source of the funds.
(iii) Notwithstanding the above, Bet Right reserves the right to waive such administrative fee in the following situations:
A. when Bet Right knows that a deposit has been made in error;
B. when Bet Right knows that a potential duplicate deposit has been made;
C. after a deposit has been made, Bet Right closed an account due to Bet Right’s commitment to provide safer gambling and in compliance with legislative and regulatory obligations.
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Book 2 rule 5 Client Further Responsibility
5.1. Information and Personal Information
Clients are responsible for ensuring that their records, especially address, telephone number, email address and payment/bank details (including any debit card expiration details) are kept up to date. In the event that a Client has not kept their records up to date, Bet Right reserves the right to suspend the Client’s Betting Account.
5.2. Security
It is the Client's responsibility to ensure that they keep their username and security details confidential. In the event that a Client suspects that this may no longer be the case, they should notify Bet Right immediately whereupon new details may be given. Upon notification of the new details, Bet Right reserves the right to invalidate any future transactions utilising the previous details.
Book 3 rule 1.2 (c)-(e) Placing Bets
(c) You bear all risks in relation to all or any bets placed with Bet Right and you acknowledge that all or any bets placed are at your discretion and the result of your decision.
(d) You agree that it is your responsibility, and at your risk and liability, to check and ensure all the details of the bet placed via your chosen medium are as you intended.
(e) Subject to the Rule Book, you acknowledge that a bet placed by you, in response to the advertised prices/lines, is an offer for that price/line, which cannot be cancelled or withdrawn and, if and when accepted by Bet Right, means you have agreed to a legally binding wagering contract with Bet Right for that bet at that price/line in that market with the possibility of win or loss of the bet.
D. Terms which provide data on Client to Third Parties
Book 2 rule 2.3(c), (d) Verification of Identity
(c) You agreed to the procedures that Bet Right has set up and made available on Bet Right’s website or mobile Apps or any other websites or applications that Bet Right owns or operates to verify your identity in compliance with the AML Act including disclosing your Personal Information to third party providers for the purpose of electronic Identification verification, which may involve checking the Client’s ID against third party databases, including credit reporting agencies.
(d) You agree that you give your express and informed consent to your Personal Information being submitted to the Australian Government’s Document Verification Service for checking against records held the issuer or official record holder.
Book 2 rule 2.4(c) Financial
(c) When you open a betting account with us, you agree that Bet Right may supply your information details (including Personal Information) to authorised credit reference agencies to confirm your identity and payment card details. You agree that we may use and disclose such information in connection with your application to open a betting account
Book 5 rule 2.6(g) Use of information
(g) to allow bookmakers and affiliates, associated publishers (online and mobile) and other data publishers for which you may be associated with or has a transactional or membership relationship, to use it for operational purposes and, with your consent, marketing and promotional purposes;
Book 5 rule 2.7 Use and disclosure of information – compliance and integrity
(a) As a licensed sports bookmaker, Bet Right has obligations to comply with legislation, regulations and licensing requirements which may require use and disclosure of your personal Information and other data.
(b) As a sports bookmaker and in order to provide you with wagering services and betting products, Bet Right has entered into agreements with governing bodies or equivalent that provide declared events and contingencies. These agreements will require Bet Right to use and disclose your personal Information and other data to the governing bodies in the interests of integrity in the declared events and contingencies.
Book 5 rule 2.8 Use and disclosure of health information
As a licensed sports bookmaker, Bet Right has obligations to comply with legislation, regulations and licensing requirements with regards to responsible gambling and harm minimisation for gamblers which may require the use and disclosure of your personal health Information and other data.
Book 5 rule 2.8 Use and disclosure of information – general
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We do share your personal data with other companies in the Bet Right Group and with third parties that provide services to you on our behalf in line with the primary purpose, and with other third parties in the course of complying with our legislative, regulatory and licensing obligations.
Bet Right may contract with professionals, individuals, firms or companies, who are based overseas. Bet Right may disclose your Personal Information and other data with these persons based overseas.
Entities with whom your Personal Information and other data are disclosed include:
(i) associates and affiliates of Bet Right;
(ii) professional researchers including those with computing, algorithmic, machine learning, AI and recommendation engine expertise;
(iii) bookmakers and affiliates;
(iv) associated publishers (online and mobile); and
(v) other data publishers.
On this basis, you agree and consent to us disclosing your Personal Information to entities above based in Australia and overseas.
Book 5 rule 6.2 Third Party Disclosure
We may disclose your Personal Information to the following organisations for the purposes described above (as well as otherwise permitted or required under Australian law):
(i) disclosure to regulators and other government bodies as mandated by Commonwealth, state and territory laws, regulations and licences;
(ii) disclosure to governing bodies (sporting and racing) and equivalent required by legal contracts entered into by us to provide you with betting and wagering information and data services;
(iii) associates and affiliates of Bet Right;
(iv) professional researchers including those with computing, algorithmic, machine learning, AI, and recommendation engine expertise;
(v) bookmakers and affiliates;
(vi) associated publishers (online and mobile); and
(vii) other data publishers.
Bet Right may contract with professionals, individuals, firms or companies, who are based overseas. Bet Right may disclose your Personal Information to these persons based overseas.
On this basis, you agree and consent to us disclosing your Personal Information to overseas recipients.
Book 5 rule 6.3 Warranty on Third Party
Bet Right does not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless Bet Right provides you with advance notice. This does not include website hosting partners and other parties who assist in operating the website, conducting Bet Right’s business, or servicing you, so long as those parties agree to keep this information confidential. Bet Right may also release your information when it is appropriate to comply with the law, enforce site policies, or protect Bet Right’s or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Version: 1.2
Date: 06.06.2024
Revision History
Version | Date | Author | Changes |
1.0 | 19.12.2020 | LRGC | First version of policy |
1.1 | 23.06.2023 | LRGC | Correct clause to rule |
1.2 | 06.06.2024 | LRGC | Delete references to credit cards |