General Terms and Conditions

Last Updated: 25 November 2021

 

  1. Introduction
    1. The following Terms and Conditions (“Terms”) relate to your (“you”, “your” and “yourself”) use of our Platform, the Buddybet Services and your Buddybet account.
  2. Our Details
    1. Buddybet Pty Ltd (ACN 617 859 953) (“Buddybet“, “we“, “us“, “our“) is a limited liability company registered in Australia, with its principal place of business at Level 15, 276 Flinders Street, Melbourne VIC 3000.
    2. Buddybet is licensed and regulated in Australia by the Northern Territory Racing Commission and holds a betting exchange licence issued by the Northern Territory Racing Commission, under the Racing and Betting Act 1983 (NT), to provide betting exchange services to customers located in Australia, by electronic transmission, 24 hours per day.
    3. All monetary bets placed on our platform are reviewed by our team in Australia for approval.
    4. All handshake bets (non-monetary bets) do not fall within the scope of the Racing and Betting Act 1983 (NT) and, subsequently, do not fall within the scope of our betting exchange licence issued by the Northern Territory Racing Commission. We do not review or approve any handshake bets. However, we reserve the right to cancel or suspend any non-monetary bet at any time, with or without notice to you, including where we consider that the placement of the non-monetary bet may result in a breach of any of the Customer Terms.
    5. Buddybet is not a bookmaker in any way and merely provides a platform that facilitates bets between you and other users.
  3. Buddybet Account
    1. If you wish to participate on our platform, you will need to open an account with us. In doing so, you will need to provide your full name, DOB, address, email address and mobile number.
  4. Account Terms and Conditions of Use
    1. You are required to read these Terms carefully before opening an account and utilising our services. Our Terms must be read together with our Privacy Policy, Responsible Gambling Statement, Betting Guidelines, and Community Guidelines (hereafter collectively referred to as “Customer Terms”).
    2. You will be notified of any changes to our Customer Terms, prior to them taking effect, that materially effect your use on our Platform. If you do not accept our material changes, you may choose to stop using Buddybet. Your continued use of Buddybet, following the provision or notice and publication of the updated Customer Terms, constitutes your acceptance of those changes.
    3. Our Customer Terms, including any amendments, are published and are accessible on our Platform. It is your responsibility to keep up to date with our Customer Terms.
    4. By creating your Account with us and when placing a bet on our Platform, you agree to be bound by the Customer Terms.
    5. Please note: For South Australian residents, our gambling operations are governed by the South Australian Gambling Codes of Practice.
  5. Your Account
    1. By opening an Account with Buddybet, you understand and agree that:
      • Proof of Age: you represent and warrant that you are 18 years of age or over.  Gambling by a person under the age of 18 is prohibited in Australia. We take our responsibility with respect to underage gambling very seriously.  We reserve the right, at any time, to ask you for identity documents to verify your age. You agree that we may suspend your Account, until satisfactory identity documents are provided.  If we identify, or have a reasonable suspicion, that you may be under the age of 18, your Account may be suspended or permanently closed. Depending on the circumstances, bets placed through your Account may be cancelled, and any funds remaining in your Account may be returned to you.
      • Legal Capacity: you represent and warrant that you are of sound mind, capable of taking responsibility for your own actions and capable of entering into a legally binding agreement with Buddybet.
      • Poof of Identity and Accurate Information: you confirm that you are the person whose details are provided in connection with the opening of your Account. In accordance with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), we reserve the right to request that you provide proof of identity, residence or other verification information or documentation when you register for an Account, and prior to allowing you to make any deposits to, or withdrawals from, your Account. So that we comply with our legal obligations under the AML/CTF Act, you agree to provide accurate information at the time of registration, including without limitation, your correct full name, date of birth, residential address, contact details, driver’s licence information and authorisation to use a particular credit or debit card or bank account and you agree to inform us of any changes to such details.  You agree to provide all such information or documentation as we require so that we may complete these verification checks.  You understand and agree that, as part of the registration process, Buddybet may disclose your information to authorised verification identity agencies to confirm your identity and payment details.  If we are unable to verify your identity, you will not be able to use our services, until we are able to sufficiently verify your identity. The Buddybet registration process will only be completed once your identity has been verified. Once you have created your account with us, you have 14 days to verify your account. If you fail to verify your account within this period, your account will be restricted and you will not be able to deposit, withdraw or place wagers until verification is complete.
    2. Representations and Warranties: In addition to the representations set out at clause 5.1, you further represent and warrant that:
      • you act as a principal and have not opened and/or are not using, your Account on behalf of a third party;
      • you are not an undischarged bankrupt or a party to a voluntary arrangement with creditors; and
      • you are not currently subject to a self-exclusion period from Buddybet and neither we, nor any other operator, has excluded you from gambling.
    3. Account Details: You understand and agree that it is your responsibility to keep your Account and contact details up to date. Failure to do so, may result in you not receiving important Account related notifications and information from Buddybet, including (but not limited to) any amendments we make to our Customer Terms.
    4. Registration Process: Upon opening your account, you will be asked to provide your full name, DOB, Address, Mobile/Phone Number and Email Address. These details will then be tested against our verification database and, if unsuccessful, we may require you to provide us with additional supporting documentation.
    5. Account Security: Buddybet requires you to choose your own email and password upon signing up. You understand and agree that you are solely responsible for the security and confidentiality of your Account. You agree to keep your email and password secured and protected at all times, and any failure to do so shall be at your sole risk and expense. You are responsible for any misuse of your Account. We recommend that you change your password on a regular basis and never disclose it to any third party. If at any time you lose or forget your email and/or password or you believe that a third party has access to them, please change these immediately via your Account Settings on our Platform or contact Buddybet on 1800 577 291 or email support@buddybet.com for assistance.
    6. Bets Placed on your Account: Once your Account is active, we are entitled to assume that all betting activity, deposits, payments and withdrawals are made by you, the registered user of the Account.  As such, you acknowledge and agree that you are solely responsible for all bets placed and activity on your Account.  If another person accesses your Account, you are solely responsible for all their actions whether or not their access was authorised by you, and you hereby indemnify us against all costs, claims, expenses and damages arising in connection with the use of and/or access to your account by any third party. If we have reasonable suspicion that an Account is being used or accessed by a party other than the registered user, we reserve the right to suspend or close the Account until sufficient identification has been provided.
    7. No Transfer of Accounts: You agree and warrant that you will not attempt to sell or otherwise transfer the benefit of your Account to any third party, and nor will you acquire or attempt to acquire an account which has been opened in the name of a third party.
    8. Multiple Accounts: You may only hold one Account with Buddybet. If we discover, or have reasonable suspicion to believe, that you hold more than one Account, we reserve the right to close any, and all, accounts.
  6. Deposit and withdrawal of funds
    1. You may only place a monetary bet with the cleared funds held in your Account.
    2. The minimum amount that can deposited in a single transaction is $5. The maximum amount that can be deposited in a single transaction is $5,000.
    3. Funds may be deposited into your Account by credit or debit card, or other payments methods which Buddybet may make available. We may accept other payment methods from time to time at our sole discretion and in accordance with federal and local laws and regulation.
    4. For any payment methods that require a specific named account holder, you should only deposit funds into your Account from a source where you are the named account holder. Where we identify that the named account holder is different to the Buddybet Account holder, we reserve the right to deem any deposits into the Account as invalid, and any bets or winnings from the deposits as void.
    5. Buddybet does not offer any credit betting and all bets must be supported by sufficient funds in your Account. Buddybet reserves the right to void any bet which may have inadvertently been accepted when your Account does not have sufficient funds to cover the bet.
    6. All funds in user Accounts are quarantined by Buddybet, in a secure and designated client account established solely for the purpose of holding customer funds, and separate to any Buddybet business bank accounts and are therefore protected in the event of insolvency.
    7. You agree and undertake that:
      • all monies that you deposit into your Account are not tainted with any illegal activity and, in particular, do not originate from any illegal activity or source;
      • you have authorised all monetary transactions made into your Account and you will not attempt to make any chargebacks, or cancel or reverse a payment made into your Account or take any action which will cause such a payment to be reversed by a third party, in order to avoid any legitimate liability;
      • all funds deposited into your account are required to be turned over, before being eligible for withdrawal; and
      • you will only deposit money into your Account for the purposes of using that money to place bets through our Services.
    8. Buddybet reserves the right to suspend or close your Account if we discover, or if we have reason to believe, that you are depositing money into your Account without any intention to place bets. In such circumstances, we may also report this to the appropriate authorities in accordance with our legal obligations.
    9. You accept that all transactions and betting activity may be checked to prevent money laundering and that any transactions made by you which Buddybet deems suspicious, may be reported to the appropriate government and law enforcement authorities.
    10. Where possible, all withdrawals will be processed to the payment account or source from which the deposits were made. Withdrawals of payments or winnings can only be made to a bank account which is in your name.
    11. We have a number of controls and checks that take place before any withdrawal request is processed. These checks are part of our ongoing commitment to maintaining the security of our customers’ funds and ensuring that we can verify the identity of the customer making the withdrawal request. We cannot process withdrawals made to incorrect account details.  All withdrawals requests are processed within 1-3 days from the withdrawal request being made, so that we may conduct the relevant security and identity verification checks.
    12. Buddybet, at its sole discretion, reserves the right to process the value of deposited funds back to where the deposit originated from.
    13. Buddybet reserves the right to contact your funding institution to confirm that the financials details provided by you are valid and correct.
    14. We recommend that you review our Customer Terms and maintain records of all your transactions on our platform, as well as any merchant policies and rules.
    15. For Visa Transactions on our platform, an acquirer numeric identifier will be generated.
  7. Privacy
    1. The personal information that you disclose to us will be collected, stored, used and/or disclosed in accordance with our Privacy Policy.
    2. By registering for an Account and using our Services, you consent to Buddybet using your personal information to verify your identity or as otherwise stated in our Privacy Policy.
  8. Suspension or closure of your Account
    1. You may choose to close your Account at any time either by closing the account from within the Buddybet app or by contacting Buddybet Support on support@buddybet.com.
    2. Buddybet reserves the right to suspend or close your Account at any time for any reason.
    3. Without limiting clause 8.2, Buddybet reserves the right to suspend or close your Account if:
      • you breach any of the Customer Terms;
      • you become bankrupt or enter into a voluntary arrangement with creditors;
      • Buddybet discovers, or has reasonable belief, that you are using the Services in a fraudulent manner or for illegal or unlawful purposes;
      • Buddybet discovers, or has reasonable belief, that you are using the Services in an unfair manner or have deliberately cheated or taken an unfair advantage of Buddybet or any other customer;
      • we have been requested to do so by the police, any regulatory authority or court or we are required to do so to comply with any other order, law or regulatory requirement;
      • your Account has a zero balance and is considered to be dormant due to lack of betting activity for a period of 12 consecutive months;
      • Buddybet ceases to offer the Services; or
      • for any other reason, at our sole discretion, acting reasonably.
    4. You will not be permitted to create an account with us if you are located in a jurisdiction which prohibits you from using of our Platform. We may also take steps to block you from betting on certain events, using our Platforms (or any part of it), if you are located in jurisdictions where our services are illegal or where we determine that your account should not be permitted to bet on such events.
    5. Following the closure or suspension of your Account, in the normal course of events, we will arrange for the return of any funds in your Account to you. Please contact Buddybet Support on support@Buddybet.com to recover any funds held in suspended or closed Accounts.
    6. Notwithstanding clause 8.5, we reserve the right to withhold the funds in your Account pending the determination of any investigation (including any relevant external investigation) where:
      • we suspect you have acted in breach of any of the Customer Terms, or any other agreement relevant to your betting activities, including where we suspect the Account has been linked with illegal, fraudulent or dishonest activity; and/or
      • we are required to withhold the funds in your Account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
    7. If we close or suspend your Account for any reason, you are liable for any, and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by Buddybet arising therefrom, and you agree that you will indemnify us on demand for any such claims.
    8. Following any closure or suspension of your Account or the determination of any investigation described at clause 8.6, we reserve the right to withhold and/or retain any and all of the funds in your Account if we are satisfied that you have acted in breach of the Customer Terms or any other agreement relevant to your activities on our site.
    9. In addition, if formally requested by the police, gambling regulators or other government, regulatory or law enforcement authorities, or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures or those imposed on us by regulatory or enforcement authorities (wherever based), we may suspend your Account and all functionality relating to the use of your Account (e.g. placing bets and withdrawal of funds) and withhold from you any funds in your Account pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary ‘know your customer’ or ‘age verification’ information as appropriate.
    10. For the avoidance of doubt, at no point during any such period will interest accrue to you on any funds in your Account.
  9. Responsible Gambling
    1. We take our social responsibility seriously and aim to provide a Platform where customers can enjoy the social elements of life, alongside placing a wager with a mate.
    2. We understand that the majority of people are able to enjoy a wager, without it causing significant detriment to their personal lives. However, in instances where you feel your gambling is causing a detrimental impact to your life, we are here for you and provide you with various tools to assist you. Some of these tools are immediately available to you via your My Account settings on your Profile Page For more information, see our Responsible Gambling Statement
  10. Use of the Platform
    1. You agree not to do anything on or in connection with the Platform that:
      • breaches these Terms, the Community Guidelines or any other Customer Terms;
      • is unlawful;
      • may result in harm, injury, illness or death to any person, group or animal;
      • may result in damage to or loss of property; or
      • otherwise presents any safety risk or could expose us to any liability to a third party.
    2. Without limiting clause 11:
      • to the maximum extent permitted by law, Buddybet is not responsible or liable for any damages that arise from any breach of clause 1 or any other failure by you to comply with our Customer Terms;
      • you indemnify us against all costs, claims, expenses and damages arising in connection with any third party claim arising from any breach of clause 1 or any other failure by you to comply with our Customer Terms; and
      • you take part in any handshake / non-monetary bet at your own risk and Buddybet does not accept any liability for any liabilities, damages or losses which are deemed or alleged to have arisen out of, or in connection with any such bet.
  11. Liability
    1. Limited warranties: While we endeavour to provide you with the Services using reasonable care and skill and to ensure that the information on our Platform is correct to the furthest extent permitted by law, Buddybet makes no warranties as to the accuracy or completeness of the information and material on our Platform. The information and material on our Platform is provided “as is” and may contain typographical error or inaccuracies.  We reserve the right to correct any errors in relation to the Services and will use reasonable endeavours to do so but Buddybet is under no obligation to update such materials.
    2. No further warranties: Subject to clause 11.1 and as otherwise set out in these Terms, to the maximum extent permitted by law, Buddybet makes no further warranties or representations as to the Services, and all warranties, representations, conditions or other terms are excluded, whether expressly or implied.
    3. No Liability: To the maximum extent permitted by law, Buddybet does not accept any liability for any liabilities, damages or losses which are deemed or alleged to have arisen out of, or in connection with, the Services (including any delays, interruptions in the operation or transmission of the Services, any loss or corruption of data, communication or systems failures or any other person’s misuse of the Services or its content (including by another customer)).
    4. No indirect or consequential losses: For the avoidance of doubt, Buddybet shall not be liable, in contract or tort (including negligence) or otherwise, which gives rise to any indirect or consequential loss or damage of any kind (whether foreseeable or not), including but not limited to, any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of opportunity, loss of data or loss of goodwill or reputation.
    5. Customer Winnings and Owings: Nothing in this clause 11 limits Buddybet’s liability to pay customer winnings or other amounts properly owed to a customer, subject to the Customer Terms.
    6. Statutory Rights: Nothing in this clause 10 affects your statutory rights under law.  In Australia, all services come with guarantees that cannot be excluded under the Australian Consumer Law.  Nothing in these terms and conditions purports to modify, limit or exclude the conditions, warranties undertakings and other legal rights to which you are entitled under the Australian Consumer Law and other relevant laws.  To the maximum extent permitted by law, any and all other warranties or conditions which are not guaranteed by law are expressly excluded.
    7. Aggregate Liability: Subject to this clause 11, our total and aggregate liability to you, under or in connection with the Services provided by Buddybet to you is strictly limited to the lesser of:
      • the value of the bets placed via your Account in respect of the relevant bet that gave rise to the relevant liability; and
      • the total value of your Account balance, in respect of any other liability.
    8. No exclusion of Liability: Nothing in these Terms and Conditions shall exclude Buddybet’s liability for:
      • fraud or fraudulent misrepresentation;
      • death or personal injury caused by our negligence; or
      • any other liability which cannot be excluded or limited under relevant law.
  12. Grievances and Dispute Resolution
    1. We want our customers to be fully satisfied with their experience whilst using our Platform and to have trust and confidence that betting is fair and equal for all customers.
    2. Buddybet is different to other wagering platforms in that the users can result their own bets. This is outlined further in our Betting Guidelines. We recognise that there are those rare occasions where parties to a bet, will not agree on the bet result.
    3. In circumstances where parties are unable to mutually agree on the bet result, Buddybet will resolve the bet on the users’ behalf, in accordance with our Betting Guidelines.
    4. If you wish to raise a grievance relating to your use of our Platform, or in relation to a past or current transaction or interaction with another customer, please contact the Buddybet Support Team by email support@buddybet.com. They will then investigate your dispute or complaint and respond to you.
    5. If you are not satisfied with the result of our handling of your grievance, you can escalate the issue further by lodging a complaint with the Northern Territory Racing Commission via the online ‘gambling dispute form’ found at https://nt.gov.au/industry/gambling/complain-about-a-bookmaker/gambling-dispute-form. Any decision of the Northern Territory Racing Commission is final and binding on both parties and all affected betting transactions will be adjusted accordingly.
  13. Intellectual Property
    1. You agree and warrant that you will not:
      • reverse engineer or decompile (whether in whole or in part) any part of the software which makes up the Buddybet platform, Website or App (together, the Software); or
      • make copies, modify, reproduce, transmit, alter or distribute the Software or all or any part of the site or any material or information contained on it.
        Any unauthorised use or reproduction may be prosecuted.
    2. You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:
      • in a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights);
      • that has harmful or destructive or damaging properties;
      • that may constitute any form of collusion; or
      • which is likely to cause harm or damage to the computer systems, network or equipment of any third party.
    3. Buddybet may issue upgraded versions of the Software from time to time and will make such upgraded versions available to you. All such upgrades shall be deemed to form part of the Software for the purposes of these Terms and Conditions.
    4. You are solely responsible for the content you post on Buddybet (“Your Content”). By posting Your Content on Buddybet, you:
      • represent and warrant that you have all necessary rights, power and authority to do so;
      • grant Buddybet a royalty-free, irrevocable, non-exclusive, transferable, worldwide licence (including a right to sub-license) to use Your Content to operate our services and to distribute Your Content on other platforms, including by making it available for broadcast or publication by others who partner with Buddybet;
      • acknowledge that Buddybet has the right, at our sole discretion, to delete or remove Your Content at any time or for any reason; and
      • indemnify us against all costs, claims, expenses and damages arising in connection with any claim that Your Content, or our use of Your Content in accordance with the licence you have granted, infringes the intellectual property or other rights of any third party.
    5. You agree that any ideas, suggestions and feedback you provide to us can be used by us and they are without compensation or obligation to you.
  14. Governing Law and Jurisdiction
    1. Betting on the internet may be illegal in the jurisdiction in which you are resident. If so, you are not authorised to open an Account with Buddybet, place a bet using your Account or use any payment method to complete a transaction.  It is your responsibility to check that you are permitted to bet with us according to the laws of the jurisdiction in which you live and/or in which you are located, and you agree that you will not bet with us while you are located in a jurisdiction which prohibits you from betting with us.
    2. In order to comply with our legal obligations, we reserve the right to restrict access to all or certain parts of the Services in respect of certain jurisdictions and we may take steps to geo-block you from opening an Account with us or from betting on or using our Services (or any part of it) in jurisdictions outside of Australia which does not permit online gambling with us.
    3. These Terms and Conditions (and the Customer Terms) will be governed by, and construed in accordance with, the laws of the Northern Territory, Australia.
    4. By accepting the Customer Terms, including these Terms and Conditions and/or by opening a Buddybet Account, placing bets or wagers or by using any other facilities or Services provided by Buddybet, you agree to submit to the non-exclusive jurisdiction of the courts of Northern Territory, Australia (and any courts which have jurisdiction to hear appeals from these courts) in relation to all disputes under these Terms and Conditions and Customer Terms.
    5. Notwithstanding clause 14.4, Buddybet may be entitled to bring a claim against a customer in the court of the customer’s country or state/territory of domicile.
  15. Miscellaneous Provisions
    1. Third Party Links: We may provide links on the Website or App to the websites of other companies, whether affiliated with us or not.  We do not give any warranties or undertakings in relation to these third-party websites. This is not regulated by the Northern Territory Racing Commission.
    2. Cumulative rights: The rights and remedies in these Terms and Conditions are cumulative and, unless otherwise provided in these Terms and Conditions, do not exclude any other rights or remedies available to you in law.
    3. Severability: If any of the provisions of these Terms and Conditions is found by a court to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent will be severed from the remaining terms and shall not affect any other provision of the Terms and Conditions which remain in full force and effect.
    4. Transfer of rights: The Customer Terms, including these Terms and Conditions, for a contract, are binding on you and us and our respective successors and assignees.  You are not permitted to transfer, assign, novate, charge or otherwise dispose of this contract, or any other rights or obligations arising under this contract or the Customer Terms without our prior written consent.  Buddybet may transfer, novate, assign, charge or sub-contract this contract and Customer Terms, or any of our rights or obligations herein, at any time, to any party, including to any company within the corporate group of companies.
    5. Notices: All notices must be provided, in writing, in English and must be delivered:
      • by you to Buddybet at the relevant email address or postal address as set out on the Contact Us page of the Buddybet Website; and
      • by Buddybet to you at the email or postal address you provided to us when you registered your Account.
        Any notice shall be deemed to be received and properly delivered or served:
      • if on the Website, immediately;
      • if sent by email or text message, within 24 hours of being sent;
      • if delivered by post, three (3) days after the date of posting.
    6. Force Majeure Events: We will not be liable or responsible for any breach of these Terms and  Conditions or any delay in performing, failure to perform any of our obligations if such delay or failure is caused by events, circumstances or causes outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer software or hardware, lightning, flood, fire, explosion, severe weather, industrial disputes or actions, terrorist activity or acts of government or other competent authorities.  In such circumstances, the time period for performance of our obligations shall be extended by a period equivalent to the period during which the performance of the obligation has been delayed or failed to be performed.
    7. Entire Agreement: These Terms and conditions, Customer Terms and any other terms which may be published on the Website or App from time to time, represents the entire agreement between us in relation to the subject matter of any contract and our provision of the Services to you.
    8. Waiver: If Buddybet fails, at any time during the term of this contract, to insist upon the strict performance of any of your obligation under these terms, or if we fail to exercise any rights or remedies to which we are entitled, this does not constitute our waiver of any such rights or remedies in the future and does not absolve you of your obligation to comply with the contract. Any waiver by us of any default or rights shall not constitute a waiver of any subsequent default and no waiver shall be effective unless it is stated expressly to be a waiver and communicated to you in writing.