General Terms & Conditions

General Provisions

1. The provisions contained in these General Terms & Conditions are subject to change without notice. It is the responsibility of any person seeking to rely on these General Terms & Conditions to ensure that they are making reference to the most recent version of our General Terms & Conditions by visiting the TopSport Website.
2. Where they appear in these General Terms & Conditions, the following terms and expressions have the meaning attributed to them in this Clause:
   1. "Customer" means a registered holder of a TopSport Customer Account.
   2. "Customer Credentials" means your TopSport User ID and access password.
   3. "TopSport Rules" means any rules from time to time propagated by TopSport in respect of the TopSport Website and its use, and include:
      1. These General Terms & Conditions; and
      2. The TopSport Wagering Rules.
   4. "TopSport Website" means our wagering website located at www.topsport.com.au/Rules.
3. Any references to "you" or "your" in these General Terms & Conditions is a reference to a TopSport Customer.
4. Any references to "we", "us" or "our" in these General Terms & Conditions is a reference to TopSport.
5. By opening a TopSport Customer Account, or by placing a bet with TopSport, you are deemed to have read, and agreed to be bound by:
   1. The terms and conditions set out hereunder;
   2. The TopSport Wagering Rules; and
   3. The TopSport Privacy Policy.
6. These General Terms & Conditions shall be governed by, and construed in accordance with, the Laws of the State of New South Wales and, in the event of any dispute arising from or in connection with these General Terms & Conditions, TopSport and the Customer irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
7. You agree that it is your responsibility to pay any tax or duty imposed on you by any competent authority in connection with your wagering activity.
8. You agree that if you check the box relating to 'Would you like to receive bonuses and other promotional products' on the sign up form you will be eligible for promotions once management deems appropriate. By checking this box you are opting into Promotional Marketing in the form of email and text messaging. All email and text marketing can be opted out of at any time, and additionally this setting can be updated at any time in the 'My Account' section of the website.

About TopSport

1. 'TopSport' is the trading name of Merlehan Bookmaking Pty Ltd (A.C.N 112 695 986).
2. You agree that TopSport offers a wagering service whereby Customers have the ability to place a bet with the possibilities of a win or a loss.
3. TopSport is licensed by Greyhound Welfare & Integrity Commission and regulated by Liquor & Gaming NSW to accept wagers via the Internet and the telephone 24 hours a day.

Customer Identification

1. Identity Verification Requirements
   1. Under Australian law including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Australian Rules of Racing, you are required to verify your identify in order to use your TopSport Customer Account.
   2. TopSport requires that all Customers successfully verify their identity prior to any transactions being made or the account being considered open. This includes any deposits or bet placement.
   3. If you have not successfully verified your identity by the time set out in the preceding Clause, your TopSport Customer Account will be suspended indefinitely during which period you will not be able to access wagering functionality or perform any banking functions. Please note that any wagering transactions successfully placed prior to the suspension of your TopSport Customer Account will stand.
   4. In order to verify your identity, you may be required to provide additional information or upload documentation including, without limitation:
      1. A current Australian Driver's Licence;
      2. A current Australian Passport; and/or
      3. A utility bill (no more than three (3) months old) on which the name and address used for registration of the Customer Account is prominently displayed.
   5. If you are required to provide additional documentation in accordance with the preceding Clause, you may also be required to provide originals or certified copies where necessary.
2. Third-Party Identity Verification Services
   1. TopSport may engage a third-party to provide identity verification services in order to more efficiently and comprehensively verify the identity of TopSport Customers.
   2. Your personal information may be supplied to any third-party engaged by TopSport to provide identity verification services.
   3. The process of verifying your identity may involve checking your personal information against third-party and government databases and/or credit headers.

Management of Your Customer Account

1. Customer Information
   1. You are responsible for ensuring that all personal information in your TopSport Customer Account is kept current. You must notify us immediately if any of your personal information changes.
   2. You agree that, by opening a TopSport Customer Account, we may use your personal contact information (including your phone number and your emailing and mailing addresses) to keep you informed about TopSport products, promotions, services and events from time to time.
   3. Except as required by law, we confirm that we will not sell or distribute your personal information to any third-party without your prior consent. There are limited circumstances where we may be required to provide a third-party with access to your personal information including, without limitation, where a regulatory authority or sports controlling body requests said access for the purposes of an investigation or as part of an integrity protocol. In the event that we are required to provide a third-party with access to your personal information, we will only provide said access to the extent necessary to comply with the request or demand of the relevant regulatory authority or sports controlling body.
2. Customer Credentials
   1. You are responsible for ensuring that your Customer Credentials are kept confidential. If you suspect that the confidentiality or security of your Customer Credentials have been compromised, you should notify TopSport immediately.
   2. You are able to update your password via the TopSport Website, or via the telephone provided that your identity is able to be verified by the TopSport operator.
   3. If you have updated your password, TopSport reserves the right to reject or invalidate any subsequent transaction made or attempted to be made using your former Customer Credentials.
3. Activity in Customer Account
   1. You will be responsible for any and all activity in your TopSport Customer Account.
   2. Any wagers submitted via the Internet using a TopSport Customer Account, or via the Telephone having quoted a TopSport Customer's access credentials, will be deemed to have been validly submitted by the relevant Customer and, once accepted, may not be modified, cancelled or voided except at the sole and absolute discretion of TopSport Management.
   3. You will not attempt to use the TopSport Website to deliberately transfer money from one Customer Account to another by attempting to match the bets of another Customer Account holder through collusion.
4. Errors & Miscalculations
   1. We reserve the right to annul, void or reverse any transaction subject to any error or miscalculation.
   2. You will inform us as soon as you become aware of any error or miscalculation in the processing or settling of any transaction in your TopSport Customer Account.

Customer Conduct

1. Creation of Accounts
   1. In order to open a TopSport Customer Account, you must be aged eighteen (18) years or above.
   2. You must not open, or attempt to open, a TopSport Customer Account using another person's identity or personal information.
   3. You must not access, operate or use, or attempt to access, operate or use, another person's TopSport Customer Account.
   4. We may, in our sole and absolute discretion, impose any limits or conditions on any Customer Account that has been opened on a device or network that is shared (including within a particular residential address) or otherwise unsecured.
   5. Except where expressly authorised by TopSport Management, you may not have more than one (1) TopSport Customer Account.
   6. If we discover that more than one (1) Customer Account has been opened on your behalf, we will immediately close the additional Customer Accounts and, if at that time your first-opened Customer Account is:
      1. Open and unrestricted, we will transfer any funds in said account or accounts, as well as any eligible pending transactions, to the first-opened Customer Account.
      2. Closed or restricted owing to your self-exclusion, your first-opened Customer Account will be permanently closed, any pending bets in the additional account or accounts will be immediately voided, and any funds in any of your Customer Accounts will be refunded to you.
2. Use of Your Customer Account
   1. Your Customer Account is for your personal use only. You must not permit another person to access your Customer Account nor use your Customer Account on behalf of, or for the benefit of, another person or persons.
   2. You will not in any way disguise, interfere with, or prevent or inhibit us from identifying, the IP address of the device you are using to access the TopSport Website.
   3. You will not make offensive or potentially defamatory or inflammatory remarks in connection with the TopSport Website.
   4. You will not be abusive or threatening towards TopSport staff in all of your dealings and communications with TopSport. We reserve the right to refer your threats, including any taped record of any such conversation with a TopSport operator, to any applicable government or law enforcement agency.
   5. You must immediately notify TopSport of any matter (including any potential mental impairment) which may lead us to reasonably infer that your ability to make sound judgments about betting in respect of your Account may be impaired.
   6. You agree that you must not place any bets or otherwise transact on your Account whilst you are intoxicated or under the influence of drugs and that you are fully liable for your actions and all activity on your Account whilst you are intoxicated and/or under the influence of drugs. In the event, that you are able to open an Account or place a bet whilst you are intoxicated and/or under the influence of drugs, then you are responsible for all bets placed and all bets placed will stand.
   7. We reserve the right to suspend or close your Account, refuse to allow you to open an Account, place a bet over the telephone or otherwise transact on your Account, if it is the reasonable opinion of the TopSport operator that you are intoxicated and/or under the influence of drugs at the time of doing so. You acknowledge that for your protection, we may suspend your Account for a 24-hour period following any decision that you are intoxicated.
   8. We are not responsible for any failure by our operators to identify that you are in a state of intoxication and/or under the influence of drugs and you remain liable for your actions and all activity on your Account whilst you are intoxicated and/or under the influence of drugs. This includes, but is not limited to, bets placed over the Internet.
3. Breach of TopSport Rules
   1. If we believe that you have breached the TopSport Rules, or otherwise observe unusual, improper or suspicious activity in your Customer Account, we may, in our sole and absolute discretion, do one or a combination of the following:
      1. Suspend or close your Customer Account (either temporarily or permanently);
      2. Impose restrictions on your Customer Account including preventing you from accessing said account or otherwise limiting or withdrawing certain functionality such as banking or wagering;
      3. Require you to complete an account rectification and/or re-activation process;
      4. Require you to provide any information necessary for us to conduct any inquiries necessary in order to verify your compliance with the TopSport Rules (regardless of whether you have previously provided such information) including, for example a statutory declaration regarding prior conduct, identification information, an undertaking regarding future conduct, or an authority to verify certain information with your financial institution; or
      5. Cancel, void or reverse any bets or transactions which were completed in contravention of the TopSport Rules (and, in such an event, any winning funds will be forfeited to, and retained by, TopSport without any liability on our part).

Banking

1. Deposits
   1. You are able to fund your Customer Account by the following means:
      1. Debit Card;
      2. Electronic Funds Transfer;
      3. Pay ID via Zepto; or
      4. Bank Deposit.
   2. TopSport reserves the right to remove or restrict a Customer's access to the abovementioned payment methods for Customers who reside outside of Australia.
   3. If you use a debit card to fund your account, we may require that you provide us with a legible copy of the front and back of the relevant card. (When sending a copy of the card, the middle 8 digits of the debit card may be redacted for security purposes.)
   4. If we require that you provide us with a legible copy of your card pursuant to the preceding Clause, you must have provided that card, and had it successfully verified by TopSport Management, before you will be able to withdraw funds from your Customer Account.
2. Withdrawals
   1. All deposited funds must be turned over at least once before they will be able to be withdrawn.
   2. You must have had your identity successfully verified before you will be able to withdraw funds from your Customer Account.
   3. If you use a debit card to fund your account, TopSport may (at its sole discretion) elect to deposit the proceeds back to the debit card used for the deposit.
3. Transaction Fees
   1. We do not charge our Customers transaction fees in respect of deposits or withdrawals except where those deposits are made by way of telegraphic/international transfer. We note, however, that you may be charged a fee by your financial institution for which it is your responsibility to pay.
   2. We may (at our sole discretion) elect to pass on charges levied by our financial institution (or the provider of our merchant facility) in respect of telegraphic transfers used to either deposit or withdraw funds into/from your TopSport Customer Account.

Fraud & Other Illicit Activity

1. TopSport reserves the right to withhold deposited funds, and/or any winnings to which you might otherwise be entitled, if we determine that your account has been funded fraudulently or via the misuse of a Debit Card. Your Customer Account will also be immediately and permanently closed.
2. TopSport will report any instances of inappropriate or fraudulent use of Debit Card will be reported to the competent authority.
3. You agree and warrant that you will not cancel, or instigate any 'charge-backs', of any deposits made to fund your Customer Account without first obtaining the consent of TopSport. In the event that any deposits to your Customer Account are cancelled or 'charged-back', you agree to indemnify us for any costs, claims, damages and expenses relating to or arising in connection with said cancellations or 'charge-backs', including (without limitation) those incurred by TopSport in recovering the relevant amounts.
4. TopSport reserves the right to:
   1. Seek the fullest civil and criminal sanctions against any Customer involved in financial crime; and
   2. To notify the relevant sport's governing body, or relevant competent regulatory or legal authority where we have reasonable grounds to suspect your involvement in financial crime or other illicit activity, without the need to provide you with prior notice.
5. If you dispute a financial transaction on your Customer Account relating to a third-party (e.g. Bank), TopSport may temporarily suspend your Account, without notice, pending an investigation by us relating to the transaction. You agree to indemnify us for any costs, claims, damages and expenses relating to or arising in connection with such an investigation.
6. TopSport may, from time to time and at its discretion, conduct a review on the activity in your Customer Account in order to identify any suspicious, unusual, inappropriate or fradulent activity. In such an event, TopSport reserves the right to suspend your Customer Account pending the completion and outcome of that review.
7. You hereby indemnify and shall be liable to pay TopSport, on demand, all costs, charges or losses sustained, or liabilities incurred by TopSport (including but not limited to any direct, indirect or consequential losses, any loss of profit and loss of reputation) arising directly or indirectly from your fraudulent, improper, misleading, manipulative or otherwise unacceptable actions or activity (whether or not unlawful).

Dispute Resolution

1. If you have a dispute or greivance regarding a wager placed, or attempted to be placed, with TopSport, please contact us via email at [email protected], or contact us via the Live Chat facility on our platform.
2. We will use our best endeavours to resolve the dispute in good faith as soon as practicable after receiving details of your dispute or greivance.
3. If any Dispute cannot be resolved between TopSport and the Member, the Dispute must be referred to a representative of the Greyhound Welfare & Integrity Commission (the 'GWIC')via online or on phone. Nothing in this Rule precludes a party from urgent interlocutory relief from a Court if such relief is reasonably required.

Responsible Gambling

1. TopSport does not allow persons under eighteen (18) years of age to open or hold a TopSport Customer Account. If your children have access to the device that you use to access any of our wagering channels, we strongly recommend that you install parental control software to prevent them from gaining access and protect them from harm.
2. TopSport does not actively or directly promote its services to individuals under the age of eighteen (18), nor to any Customers or persons who have requested to be removed from mailing or marketing lists or who have self-excluded or suspended.
3. We use all reasonable endeavours and utilise our Responsible Gambling Policy to help our Customers maintain control of their wagering and to protect vulnerable persons from gambling harm. If you are vulnerable to gambling harm or are having difficulty controlling your wagering, we strongly urge you to utilise the Responsible Gambling tools available on the TopSport Platform (or by contacting us).
4. If you are a Customer that has previously self-excluded from TopSport, you must not subsequently attempt to open another Customer Account. TopSport makes all reasonable efforts to prevent the creation of duplicate Customer Accounts, however, if you are successful in opening a duplicate Customer Account, you accept full responsibility and liability for your actions and for all activity on each of your Customer Accounts including, without limitation, any wagering losses.