1. INTRODUCTION
   1. Who we are
      1. RWWA is established by the Racing and Wagering Western Australia Act 2003 (WA) (RWWA Act) as the controlling authority for thoroughbred, harness and greyhound racing in Western Australia, with the responsibility for off-course wagering functions trading as the ‘TAB’ in Western Australia.
      2. The RWWA Act (and other laws) govern RWWA and set out our functions and activities including but not limited to conducting totalisator wagering and fixed odds wagering.
      3. These Terms apply to the access or use of our Services via the operation of a TABtouch account (Account) or in our retail network, including agencies, licensed venues and on-course locations in Western Australia (WA TABs) (where applicable).
   2. Contact
      Phone:  1300 36 36 88
      Email:   contactus@tabtouch.com.au
   3.  Terminology
      1. All references to ‘RWWA’, ‘we’, ‘us’ and ‘our’ in these Terms are a reference to Racing and Wagering Western Australia ABN 21 347 055 603.
      2. All references to ‘you’ in these Terms are a reference to an individual who applies to open an Account, is an existing holder of an Account or uses our Services in a WA TAB.
2. YOU AGREE
   1. Terms and Conditions
      1. The access to and use of our Services are subject to these Terms. By completing the Account application declaration or accessing our Services in a WA TAB, you acknowledge that you have read, understood and agreed to be bound by these Terms.
      2. Please read these Terms carefully. If you do not agree with any part of these Terms, do not complete the Account application process, use your Account or access our Services via your Account or a WA TAB (as applicable).
      3. Notwithstanding terms 1(a) and 2.1(b), if you access your Account or our Services via your Account or a WA TAB at any time, you are deemed to have read, understood and agreed to be bound by these Terms.
   2. Privacy Policy and Freedom of Information
      1. Any personal information you disclose to us is subject to our Privacy Policy. By completing the Account application declaration, you acknowledge that you have read, understood and agreed to our Privacy Policy and Privacy Collection Notice.
      2. Under the Freedom of Information Act 1992 (WA), you have a right to access documents held by RWWA, subject to some limitations. Please see our Freedom of Information Statement for more information.
   3. Website and applications
      By using any of RWWA’s websites, applications (e.g. TABtouch) or WA TABs to access your Account or utilise our Services, you confirm your acceptance to the terms and conditions set out on those websites or applications at the time of use.
   4. Applicable laws
      1. You agree to comply with all applicable laws and regulations of Western Australia and the Commonwealth of Australia in so far as they relate to the opening and operation of your Account and your use of our Services.
      2. You agree to comply with any rules, regulations, wagering documents and policies of RWWA, or a sporting authority recognised by RWWA, in relation to a sporting or racing event in so far as they relate to the opening and operation of your Account and your use of our Services and you are made reasonably aware of them.

3. CHANGES TO THESE TERMS
   1. We reserve the right to change these Terms from time to time at our discretion. Any change will be posted on our website and will also be accessible through your Account.
   2. If you have an Account with us, we will use our best endeavours to provide you with reasonable notice in advance of changes to these Terms taking effect. If you object to any changes, do not continue to access or use your Account or our Services.
   3. Account holders will be taken to agree to such changes by continuing to access or use your Account after the date specified in any notice to you advising of changes to these Terms.
   4. If you access our Services via a WA TAB, you will be taken to agree to such changes the next time you access our Services.
   5. You acknowledge and agree that it is your responsibility to ensure that you are aware of the current Terms and Privacy Policy.
4. SERVICES
   1. You agree that the services we offer to you via an Account or WA TAB includes:
      1. the ability to place a wager, win or lose;
      2. certain facilities including the ability to obtain information about dividends on races and other events; and
      3. other related services we may introduce from time to time,
         (Services).
   2. Your Account is provided for the purpose of accessing and utilising the Services. You must only use your Account for this purpose.
   3. We reserve the right to amend our Services from time to time.

5. YOUR CONDUCT
   1. Eligibility for access to our Services
      1. By applying for an Account or accessing our Services via a WA TAB, you represent, warrant and agree that:
         1. you are 18 years of age or older;
         2. you will comply with our identity verification requirements;
         3. you will not deposit or wager any monies with us that are derived from illegal activities;
         4. you will not permit any person under the age of 18, to access, use or operate your Account or access our Services; and
         5. you will not permit any other person, regardless of age, to directly or indirectly access, use or operate your Account or access our Services.
      2. You represent and warrant that you will not apply for, open, access, use or operate an Account or access our Services if you:
         1. are under 18 years of age;
         2. primarily reside in a Prohibited Jurisdiction (see term 7.1);
         3. are not the Account holder;
         4. have self-excluded from wagering by any means; or
         5. are registered on BetStop – the National Self-Exclusion Register.
      3. We accept no responsibility or liability in the event you attempt to or successfully open, access, use or operate an Account or access our Services in circumstances where you are in breach of the representations and warranties in terms 1(a) and 5.1(b) and you indemnify us to the fullest extent permitted by law in respect of any loss, claim or liability that we suffer as a result of you breaching the representations and warranties in terms 5.1(a) and 5.1(b).
      4. You may only register one Account. Duplicate accounts may be closed or merged at our discretion and without notice to you.
      5. You acknowledge that in order for us to activate your Account and provide you with the Services, you must comply with our identity verification requirements (see term 6) to our satisfaction.
      6. You acknowledge that once we have provided you with access to our Services via an Account or WA TAB we may from time to time request additional information from you in order for us to comply with our legislative obligations, including our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
      7. You acknowledge that if you fail to provide any requested information under term 1(f), and even if you provide us with additional information as requested under term 5.1(f), we may, if required to comply with our legislative obligations, still close your Account and/or restrict you from accessing our Services via any WA TAB at our discretion without notice or justification to you.
   2. Wagering
      1. Prior to placing a wager, you must ensure your Account has a balance sufficient to pay the amount of the wager. We will not accept a wager unless full payment has been processed at the time the wager is made.
      2. There is no limit on the number of Account transactions per day, within the maximum deposit limit.
      3. You will not be able to deposit into your Account via any Payment Facility whilst it is closed, suspended or subject to responsible wagering measures.
      4. You must not use robotic wagering systems or platforms to place or assist you in placing wagers with or via your Account, unless approved otherwise by us.
      5. RWWA’s records are deemed to be a true and correct record of all transactions on your Account. We will not accept records produced by you as evidence of your transactions.
   3. Account information and security
      1. You agree:
         1. to promptly update your Account Details to keep them true, accurate, current, and complete at all times;
         2. to use the security measures (eg PIN or password) we provide to you during the course of opening and holding an Account and maintain the confidentiality of your Account Credentials;
         3. to not permit any person to place wagers or otherwise access your Account;
         4. to immediately notify us via the contact details provided in these Terms of any known or suspected unauthorised access or use of your Account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your Account Credentials; and
         5. that you are liable for all activities conducted under any Account created by you, even if such activities were not committed by you. We will not be responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your Account Credentials.
      2. You warrant that all information you provide to us by whatever means is true, accurate, current and not misleading.
   4. Account closure
      1. You may close your Account at any time by:
         1. navigating to the ‘Close Account’ tab in your Account; or
         2. contacting us on the details provided in these Terms.
      2. If your Account is closed for any reason, you will no longer be able to access your Account and the Services.
      3. Notwithstanding any other term in these Terms, you acknowledge and understand that we may close your Account or cease to provide you the Services at any time without notice or justification to you.
   5. Inactive Accounts
      1. If there have been no transactions on your Account for a period of twelve consecutive months (or longer), we will classify your Account as ‘Inactive’ (Inactive Account).
      2. If your Account has become an Inactive Account, we may charge an Inactive Account a reasonable monthly administration fee until you make a transaction on your Account, you close your Account, or until your Account balance is $0.
      3. We reserve the right to close any Inactive Account at any time and transfer any Account balance to your nominated bank account, subject to applicable bank account verification and reverification of identity.

6. IDENTIFICATION REQUIREMENTS
   1. Regulatory and legislative obligations
      1. We are required to comply with regulatory and legislative obligations that may require us to, among other things:
         1. verify your identity before opening your Account and before any bets or deposits can be made; and
         2. even after an Account has been opened for you, verify your information to ensure it remains accurate and current.
      2. You acknowledge that we may disclose information related to you, your Account or your use of our Services to regulatory or law enforcement authorities, if requested or required by law.
      3. You acknowledge that we are obligated to retain certain records in accordance with our regulatory and legislative obligations.
   2. Document Verification Service
      1. To help facilitate identity verification, the Australian Government provides authorised users (such as RWWA) with access to the Document Verification Service (DVS), which is regulated by the Identity Verification Services Act 2003 (Cth) and associated instruments.
      2. To fulfill our identity verification requirements under applicable laws, RWWA uses the DVS to compare and verify the personal information or identity documentation you provide to us in your Account application against government records.
      3. We are required to obtain your express consent to verify your identity through the DVS. We will request you provide your consent during the Account application process.
      4. If you do not provide consent, we are unable to open an Account for you.
   3. Initial identity verification
      1. By requesting to open an Account, you:
         1. agree to provide accurate and complete personal information, including your full name, date of birth, address, contract details, photographic identification (including biometric information) and other details requested for the purposes of identity verification (which may, from time to time, include your source of wealth and source of funds);
         2. agree to provide copies of government-issued identification (such as a passport or driver’s license) and proof of address (such as a utility bill or bank statement) for the purposes of identity verification;
         3. confirm that you are authorised to provide the personal details requested during the Account application process; and
         4. acknowledge that we may disclose your personal information to third parties in accordance with our Privacy Policy.
      2. You consent to us conducting our identity verification procedures before opening your Account. You acknowledge that you will not be able to access your Account until we have successfully verified your identity to our satisfaction and in accordance with the applicable law.
   4. Ongoing monitoring and re-verification
      1. You acknowledge that, at any time, we may request further information from you to re-verify your identity or to otherwise comply with our regulatory and legislative obligations.
      2. You consent to us monitoring your wagering activity and use of our Services. This may include tracking your betting patterns, deposits, withdrawals, and other Account activities.
   5. Privacy
      Any information which RWWA collects, uses, discloses, transfers, holds or otherwise handles in connection with these Terms is subject to our Privacy Policy.

7. CONDITIONS RELATING TO WAGERING
   1. Prohibited Jurisdictions
      1. You acknowledge that we will not accept or process Account applications or wagers from persons primarily residing in a Prohibited Jurisdiction.
      2. We may add or remove countries from the Prohibited Jurisdiction list at our discretion and on a case-by-case basis.
      3. You agree and warrant that you will not make any transactions using your Account while residing in a Prohibited Jurisdiction (unless otherwise agreed between us (at our absolute discretion) and you on a case-by-case basis).
   2. Restricted Jurisdictions
      1. In accordance with our commercial agreements, you acknowledge that we will not accept pari-mutuel wagers from residents of Restricted Jurisdictions.
      2. We may (at our discretion) accept other forms of wagers such as ‘fixed odds bets’ from Restricted Jurisdictions.
      3. We may add or remove countries from the Restricted Jurisdiction list at our discretion and in accordance with changes in commercial arrangements.
      4. You agree and warrant that you will not make any pari-mutuel transactions using your Account while residing in a Restricted Jurisdiction.
   3. RWWA’s rights
      1. You acknowledge that the RWWA Act and other applicable laws permit RWWA to:
         1. refuse to accept wagers placed via an Account or at all or any of our WA TABs;
         2. refuse to accept an application to establish an Account;
         3. having accepted a deposit, refuse it or any part of it;
         4. place restrictions on your Account; and
         5. close your Account and refund the balance to your nominated bank account,

         at any time and without giving you any notice or justification for doing so.

      2. The reasons we may not accept a wager placed by you include where we have reasonable grounds to believe the wager:
         1. has been placed by someone who is not you on your Account;
         2. has been placed from an Account whilst it is suspended or subject to responsible wagering measures;
         3. is fraudulent or otherwise unlawful;
         4. has been made from a Prohibited Jurisdiction;
         5. has been made from a location that cannot be determined or is otherwise suspicious due to technologies such as VPN, Hosted Services or TOR networks; or
         6. does not comply with these Terms.
      3. The reasons we may decline deposits or request further information include where we determine:
         1. that the funds deposited are not for the purpose of wagering;
         2. there is not enough information to prove the owner of a Payment Facility used to make the deposit;
         3. a payment to or from an Account is not made or received (as applicable) by the Account holder; or
         4. a payment to or from an Account may be unlawful or does not comply with these Terms.
      4. The reasons we may withhold or restrict a withdrawal request (including deposited funds and winnings) include:
         1. where your Account is restricted or under investigation or otherwise;
         2. pending verification that a Payment Facility for an Account has been verified against your name; or
         3. where we determine that a Payment Facility has been misused or used fraudulently.
      5. Notwithstanding any other term in these Terms, the reasons we may close or temporarily suspend your Account include where:
         1. you become bankrupt;
         2. you are abusive or threatening towards RWWA employees or representatives or any third parties in relation to your wagering activities;
         3. we reasonably doubt the legitimacy, accuracy or completeness of any information or documents you have provided for the purposes of identity verification;
         4. we reasonably consider that either you or your Account use represents a risk to our business and/or our exposure to risk under our regulatory or legislative responsibilities;
         5. we reasonably determine that you have failed to maintain the accuracy and currency of your Account Details;
         6. you transact on your Account from a Prohibited Jurisdiction;
         7. you refuse or fail to respond to our request for further information or documentation;
         8. we suspect that your Account and/or use of our Services is illegal;
         9. if the Account or Services are used for any purpose other than those purposes for which we have provided them to you; or
         10. you have failed to comply with these Terms.
      6. If we close your Account because we reasonably suspect that your Account has been used for a fraudulent transaction or purpose, you agree and acknowledge that any outstanding wagers made through the account are void.
      7. You acknowledge and agree that we may record telephone conversations with you when you use any telephone wagering line or any other phone line connected with the use of your Account, our Services or RWWA.
   4. Errors in relation to markets
      If a wager is accepted in error by us on an event or outcome and the error is material, the wager will be void and your stake returned. Examples of this include human errors or system problems where a bet is accepted at a price (which includes the odds, line, handicap provisions and other terms or details of the bet) that is materially different from those available in the general market at the time the bet was made or obviously incorrect given the change of the event occurring at the time the wager was made.

8. PAYMENT
   1. Payment Facilities
      1. Our acceptable Payment Facilities and the conditions in which they may be utilised are set out in Schedule 1 of these Terms.
      2. Any Payment Facilities registered against an Account must be in the same name used to open the Account.
      3. We may from time to time permit other payment methods and facilities not listed in these Terms for legal or commercial reasons.
      4. You acknowledge and agree that:
         1. we may provide your personal information to payment providers to prevent fraudulent deposit transactions or to confirm the legitimacy of a Payment Facility you register;
         2. we may refuse or restrict any Payment Facility registered by you if it does not comply with the conditions set out in these Terms or the terms of any payment provider (as applicable); and
         3. deposits via any Payment Facilities cannot be withdrawn as cash unless turned over as wagers.
   2. Chargebacks
      1. You agree that no chargebacks or other cancellation of deposits will be made relating to your Account without our consent.
      2. To the extent permitted by law, in the event we suffer a loss due to a chargeback, you agree to indemnify us for any costs, claims, damages and expenses relating to or arising in connection with this, including any expense incurred by us in recovering such amounts.
      3. We reserve the right to withhold any funds in your Account to offset against chargeback losses.

9. BONUSES AND PROMOTIONS
   1. Bonus offers and promotions may be subject to separate terms and wagering requirements. These must be read, understood and agreed to prior to participation. By accepting any bonus offer or promotion, you are deemed to have agreed to the terms and wagering requirements of that bonus offer or promotion, which are made reasonably available to you.
   2. RWWA reserves the right, acting reasonably and in good faith, to determine that an Account holder is not eligible for certain products, bet types or promotions (in part or in full).
10. RESPONSIBLE WAGERING
    1. Our commitment
       1. We are committed to ensuring that you and members of the community who engage in our Services do so responsibly. We are focused on positioning ourselves as a competitive and responsible organisation while ensuring the necessary safeguards and harm minimisation tools are implemented and available to you and the communities in which we operate.
       2. For free and confidential support, call 1800 858 858 or visit gamblinghelponline.org.au.
       3. For more information view our Responsible Wagering Code of Practice.
    2. Financial limits
       1. We may, from time to time, place non-standard financial limits on your Account at our sole and absolute discretion without notice or justification to you.
       2. Subject to term 2(a), you may at any time set financial limits on your Account including:
          1. Bet Limits: a cap on the amount of money you can place on a single bet.
          2. Deposit Limits: a limit on the amount you can deposit into your Account within a chosen period of time.
       3. During the Account application process, you will be asked to either set a Deposit Limit or confirm that you do not wish to set a Deposit Limit. If you confirm that you do not wish to set a Deposit Limit, we will provide you with information about the benefits of setting a Deposit Limit and ask you whether you wish to proceed with not setting a Deposit Limit.
       4. We will ask you to review whether you wish to set or amend your Deposit Limit (as applicable) on each anniversary of the date on which you made your first wager with us using your Account.
       5. You may set a Deposit Limit for 1, 7, 14 or 30 days.
       6. At any time after opening an Account, you may set a financial limit through your Account by selecting ‘My Account’ followed by ‘Bet Limits’ or ‘Deposit Limits’.
       7. A financial limit will take immediate effect on your Account for the period requested. However, any increase to existing financial limits on an Account is subject to a seven day cooling off period.
       8. We will not accept your deposit via any Payment Facility if your deposit exceeds your remaining Deposit Limit.
    3. Taking a break
       1. You may take a break from your Account for a specified period of time as nominated by you.
       2. Break periods may be set up in your Account or by calling us on our contact details set out in these Terms.
       3. During the break period:
          1. you cannot deposit or place a wager with us; and
          2. you will still be able to withdraw funds from your Account.
       4. The break period cannot be cancelled or shortened. The break period may however be extended at any time during or after the break period has been completed by contacting us on the details provided in these Terms.
       5. After the break period is over, you will be able to access your Account.
    4. Self-Exclusion
       1. You may self-exclude from our Services via:
          1. WA TAB Self-Exclusion: our voluntary program which is designed to assist you from accessing WA TABs and holding an Account, for a minimum of 12 months. You may contact selfexclusion@rwwa.com.au for more information.
          2. BetStop: The National Self-Exclusion Register that allows you to voluntarily self-exclude from all licensed online wagering services, for three months up to lifetime. You may join the self-exclusion register at betstop.gov.au/signup/
       2. Once self-excluded:
          1. you cannot access your Account, deposit or place a wager with us via an Account and you must not open, or attempt to open, another Account;
          2. all pending wagers will stand, and your Account balance will remain unchanged; and
          3. we will use reasonable endeavours to ensure that we do not accept wagers from you at our WA TABs, however, we cannot guarantee that such wagers will not be accepted.
       3. You may request to withdraw your Account balance by contacting us on the contact details contained in these Terms. If you were opted in for marketing communications prior to self-excluding, you will cease to receive marketing communications within 24 hours.
    5. Activity statements
       1. We will provide you with a monthly activity statement during any month in which you place one or more wagers via your Account setting out all transactions for the month, including deposits, wins, losses, withdrawals and spend, net result, opening and closing balance, and the net win or loss for the prior six months.
       2. You can review your activity at any time through your Account or by contacting our Customer Management Centre on 1300 36 36 88.
    6. Resource
       You, your family, or any other person can contact the following services to receive free information, advice and support:
       1. Centrecare Gambling Help WA via 08 9325 6644;
       2. Gambling Help Online via 1800 858 858 or gamblinghelponline.org.au for free 24/7 anonymous support;
       3. BETSTOP – the National Self-Exclusion Register via 1800 238 786 or betstop.gov.au;
       4. GAMBLEAWARE via gambleaware.com.au; and
       5. Gambler’s Help Youth Hotline for under 25s via 1800 262 376.

11. MARKETING
    1. Preferences
       1. During the Account application process, you will be asked whether you wish to receive marketing communication from us. This is optional and you may opt in or opt out.
       2. If you opt-in, you may still opt-out at any time by:
          1. updating your contact preferences in your Account; or
          2. using any other unsubscribe facility we may provide.
       3. If you have opted in to receive marketing communications from us, you acknowledge and consent that any information you choose to provide in response to marketing-related questions may be used by us to:
          1. personalise your customer experience;
          2. tailor our communications; or
          3. provide you with offers and promotions that we believe may be of interest to you.
       4. In accordance with the Gaming and Wagering Commission Regulations 1988, if:
          1. you have consented to receiving marketing communications from us and you do not access your Account for a period of 12 months; or
          2. your Account is closed for whatever reason,

          you will be deemed to have withdrawn your consent to receive marketing communications from us.

    2. Push Notifications
       Customers using our mobile application that accept push notifications when prompted by your device’s operating system, may receive messages delivered by TABtouch covering a variety of content including special offers and bonus bets. You may decline marketing messaging sent via push notifications by refusing the relevant permission to our mobile application in your phone or tablet settings.

12. WEBSITES AND APPLICATIONS
    1. Content
       1. The content on our websites and applications are provided for general information only and are not intended to amount to advice on which you should rely. Although we make reasonable efforts to update our content, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up-to-date.
       2. Our websites and applications may contain links to other sites and resources provided by third parties. These links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
       3. Premium Content refers to Giddy Up, Live Streaming and Race Replays. Premium Content is available to all eligible accountholders.
    2. Accessibility
       Our websites and applications are provided on an ‘as is’ and ‘as available’ basis. To the extent permitted by law, we make no representations or warranties, express or implied, regarding the operation or availability of our websites and applications.

13. GENERAL
    1. Entire Agreement
       These Terms, together with our Privacy Policy and any additional rules or terms referred to within these Terms or on our websites or applications, constitute the entire agreement between you and RWWA and supersede any prior agreements or understandings, whether written or oral, relating to your Account and your access to our Services.
    2. Severability
       If any provision of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
    3. No Waiver
       Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of RWWA.
    4. Force Majeure
       We shall not be liable for any delay or failure in performance resulting from acts beyond our reasonable control, including but not limited to acts of God, war, terrorism, government restrictions, natural disasters, pandemics, cyberattacks, service outages, technical failures, or interruption of services.
    5. Assignment
       You may not assign, transfer, or otherwise dispose of your rights or obligations under these Terms.
    6. Governing jurisdiction
       These Terms are governed by the laws in force in Western Australia and you agree to submit to the exclusive jurisdiction of the courts in Western Australia in relation to any dispute concerning these Terms.
    7. Dispute resolution
       If you have a complaint, please contact the Customer Management Team on 1300 36 36 88. We will use our best efforts to resolve disputes internally. If a matter cannot be resolved informally, it may be referred to the applicable authorities.
    8. Third Party rights
       These Terms do not confer any rights on any third party unless expressly stated otherwise.
    9. Limitation of liability
       1. To the maximum extent permitted by law, our maximum liability and responsibility for any loss, damage, liability, claim and expense (including but not limited to legal costs) whatsoever, whether direct, indirect or consequential, that may result from the use of the Account, Services or our websites or applications or any linked third party website or from the use of or reliance on any information, advice, opinion, representation, provided on or made available through the site or any linked third party website is limited to $10,000.
       2. Nothing in these Terms affects any liability which cannot be excluded or limited under applicable law. If a supply under these Terms is a supply of services to a consumer within the meaning of the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (ACL) nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL, provided that, to the extent that the ACL permits us to limit our liability, then our liability will be limited to either the resupply of the services or the payment of the cost of resupplying the services.
       3. Except for any liability that cannot be excluded by law, we are not liable and do not accept responsibility for:
          1. wager selections that are not received or which are received and subsequently corrupted or rejected by the server, whether or not after receipt by us;
          2. any lost, misdirected or corrupt communications via our Services;
          3. our websites or applications not being continuously available for use;
          4. any loss or damage whatsoever (including but not limited to direct, indirect or consequential loss) or personal injury suffered or sustained in connection with your use of the Account, Services or the award or payment of a prize or otherwise relating to your use of our websites or applications, however caused, including technical failures or incorrect or corrupt data supplied to you;
          5. any theft, unauthorised access or third-party interference;
          6. any variation in the value of any prize; or
          7. any tax liability incurred by you.
       4. In accordance with the RWWA Act, no claim lies against RWWA, a director, or an officer, employee or agent of RWWA in relation to a wager that has been accepted by or on behalf of RWWA otherwise than in accordance with a written law.
    10. Intellectual property
        1. All intellectual property rights in the content, software, trademarks, domain names, graphics, user interfaces, and all other materials contained on or used in connection with our websites or applications for the purpose of your Account and the Services are owned by or licensed to RWWA.
        2. You grant us a non-exclusive, worldwide, irrevocable, perpetual, and royalty-free licence to use and exploit any material that you upload or otherwise submit to our websites and applications for any purpose.
        3. Except as expressly permitted under these Terms, you may not copy, reproduce, modify, republish, upload, post, transmit, distribute, scrape, reverse-engineer, or otherwise use any part of our intellectual property without our prior written consent.
        4. You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use our websites and applications solely for personal use in accordance with these Terms.
        5. Nothing in these Terms transfers any ownership of intellectual property rights to you or any third party. All rights not expressly granted are reserved.
        6. Any unauthorised use of our intellectual property may result in prosecution or other action taken against you.
    11. Access to vision and audio
        1. If you are logged into your Account, you may have access to a live or near live feed of thoroughbred, harness or greyhound racing visual, audio or audio-visual coverage (Live Feed) for your own personal viewing.
        2. You are prohibited from communicating, resupplying, copying, storing or otherwise exploiting the Live Feed, including exploiting the Live Feed in any public place or for any purpose other than personal reviewing by you.
14. INTERPRETATION AND DEFINITIONS
    1. Interpretation
       1. This interpretation term applies unless inconsistent with the context.
       2. If a word or phrase is defined, then its other grammatical forms have a corresponding meaning.
       3. The singular includes the plural and vice versa.
       4. A reference to a document includes a variation or replacement of it.
       5. A reference to a statute includes its subordinate legislation and a modification, replacement or re-enactment of either.
       6. A heading is for convenience only and does not affect the interpretation of these Terms.
       7. Part performance of an obligation does not constitute performance of an obligation.
       8. A term, condition or warranty in these Terms in favour of or on the part of two or more people benefits or binds them jointly and severally.
       9. The word ‘includes’ and similar words are not words of limitation and do not restrict the interpretation of a word or phrase in these Terms.
    2. Definitions
       In these Terms, unless the context requires otherwise:
       Account has the meaning given to it in term 1.1.
       Account Credentials means the authentication elements used to log in to or access your Account securely and may include your username, password, PIN, two-factor authentication codes, security questions and biometric data.
       Account Details means the personal and account-specific information that identifies or describes you and your Account and may include your name, date of birth, residential address, email address, phone number, gender, identity documentation, payment details, transaction history and account number.
       ACL has the meaning given to it in term 13.9.
       Payment Facility means a payment method for depositing funds into an Account approved by RWWA as set out in Schedule 1.
       Privacy Policy means RWWA’s privacy policy available here as amended or updated from time to time.
       Prohibited Jurisdiction means any country other than Australia (unless otherwise agreed between us (at our absolute discretion) and you on a case-by-case basis).  For the avoidance of doubt, a Restricted Jurisdiction is not a Prohibited Jurisdiction.
       Restricted Jurisdiction means New Zealand, Canada, or the Isle of Man.
       RWWA means Racing and Wagering Western Australia as established under the RWWA Act.
       RWWA Act means the Racing and Wagering Western Australia Act 2003 (WA).
       Services has the meaning given to it in term 4.
       Terms means these terms and conditions as amended or updated from time to time.
       WA TAB has the meaning given to it in term 1.1.

Schedule 1 – Payment Facilities