Terms & Conditions of Use
For non Irish racing, please note
that the terms and conditions are determined by the betting rules of the
jurisdiction you are betting into.
- These Terms and Conditions govern all bets placed on the Tote Ireland Limited website, www.thetote.com (formerly www.tote.ie) or via our mobile phone application (“hereinafter collectively referred to as “the Site”), which is operated by Tote Ireland Limited, a subsidiary of Horse Racing Ireland. Tote Ireland Limited is established in and operates from the Republic of Ireland and is fully licensed to operate an internet wagering platform from the Republic of Ireland. All bets placed with Tote Ireland Limited are deemed to have been placed in Ireland.
- By viewing this Site, whether it be via our website, our mobile phone application, Twitter, Facebook or any other platform or by opening an account you will be deemed to have read, understood and accepted these Terms and Conditions which constitute a legally binding agreement between Tote Ireland Limited and you. If you do not accept these Terms and Conditions then you must not use this Site. Please note it is the responsibility of the account holder to be fully aware of the Terms and Conditions before placing a bet.
- Any condition which is not specifically covered on-line will be governed by the betting conditions of both Tote Ireland Limited ("The Betting Conditions") and in the case of wagers struck on UK racing, the terms and conditions of the UK Tote/totesport.com, copies of which can be requested from Tote Ireland Limited, Ballymany, The Curragh, County Kildare, Ireland. By opening an account you also accept these conditions.
- This Site is made available for your personal, non-commercial use only, except where otherwise authorised by Tote Ireland Limited.
- It is your responsibility to ensure that at all times you comply with all laws in any jurisdiction that apply to your use of our service and our Site. In particular, if you live or operate in a country where betting is prohibited, you must not register with us or attempt to use our service or Site. Internet gambling may be illegal in the jurisdiction in which you are located; if so, you may not be authorised to use your payment card to undertake transactions.
- Tote Ireland Limited accepts no liability under the law in any jurisdiction other than the Republic of Ireland. All bets made on the Site, together with these Terms and Conditions and the Betting Conditions, are governed by Irish law and the courts of Ireland shall have exclusive jurisdiction to settle any disputes that arise out of or in relation to them.
- It is also the responsibility of the account holder to ensure that the credit/debit card issuer permits the card to be used for gambling purposes. Tote Ireland Limited cannot accept responsibility for any action taken by a card issuer against an account holder.
- Any disputes not covered by Clause 31 below or any other claims or proceedings arising out of or in any way relating to this Site shall be governed by the laws of Ireland and the Irish Courts shall have exclusive jurisdiction for the purpose of any such proceedings arising out of or in any way regarding this agreement and relating to your use of the Site.
- You must be over 18 to register or use this Site. Tote Ireland reserve the right to require You to provide proof of age documentation at any time and Your account may be suspended by Us at any time until satisfactory proof of age documentation is produced to Us by you. Where it is not possible to be satisfied within 72 hours of a first deposit being made (or within the period of time usually sufficient to carry out age verification for customers from a particular state), that You are above the minimum age to gamble, Your account could be suspended whilst procedures continue to establish Your age, or the account could be cancelled and all Bets returned. In the event We discover You are under 18 or the legal age for gambling in the jurisdiction You are resident Your Bet will be returned to You and We shall not be obliged to pay any winnings which might otherwise have been payable in respect of the bet.
- By opening an Account with Us and by using the Website You also warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are resident in an area that permits Our Website and/or Service to occur;
(c) You are not an employee of Tote Ireland; and,
(d) You have not excluded yourself, and neither Tote Ireland nor any other operator has excluded you, from gambling.
- If you are using the Site as a representative of a company or other entity, you represent that you have the authority to enter into these Terms and Conditions on behalf of that company or entity, and agree that the terms “you” and “your” in these Terms and Conditions refers to your company or other entity.
- On initial registration each customer will choose their own confidential four digit PIN number. Your Tote Account number will then be automatically assigned to you. Your PIN number and Tote Account number should be kept confidential by you as all transactions where a customer's account number and PIN number have been correctly entered will be regarded as valid, provided the transaction meets the other criteria for placing a bet as laid down in these Terms and Conditions and the Betting Conditions of Tote Ireland Limited. You agree to inform us at once by telephone if you believe that your account information is being misused by a third party so that we may terminate your account. Our contact details are set out on the 'Contact Us' page of our Site. We recommend that you disable any automatic password memory in your browser prior to using the Site. This will help to limit the risk to you of unauthorised use of your account. Failure to do so will lead to liability being incurred by you.
- One Account is permitted per customer. Tote Ireland reserves the right to close down any duplicate Accounts and to cancel any Bets on duplicate Accounts. Tote Ireland also reserves the right to suspend or close any Account and cancel any associated Bets where the Account holder and the owner of the funding instrument are not the same. Employees of Tote Ireland may not open an Account or register on the Websites or for any of the Services, whether in their own name or on behalf of a fellow employee, friend, relative or anyone else. It is prohibited for Customers, deliberately or otherwise, to transfer money from one Tote Ireland customer account to another for any reason.
- Any monies deposited with us are protected in the event of our insolvency by virtue of Tote Ireland Limited maintaining a segregated bank account that ring fences the customer funds away from day to day accounts that are used to run the business. The bank account is held by Bank of Ireland Limited and all Card Provider Transactions are linked to this particular bank account. These funds are not protected in the event of insolvency. In respect of Great Britain customers, our licence from the UK Gambling Control Commission (“UKGC”) requires us to inform our Great Britain customers about what happens to funds which we hold on account for them, and the extent to which such funds are protected in the event of insolvency http://www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx We hold customer funds separate from company funds in a segregated bank account. This means that steps have been taken to protect customer funds but there is no absolute guarantee that all funds will be repaid. This meets the Gambling Commission’s requirement for the segregation of customer funds at the level: basic segregation.
- It is the responsibility of each customer to ensure that all personal details are current and up to date, as failure to do so may result in bets being declined or payments being issued incorrectly. To update personal details, please contact Tote Ireland Limited by telephone, 045 491830. We will not be liable for any loss that you or any third party may incur as a result of misuse of account numbers or PIN numbers (either with or without your knowledge) and Tote Ireland Limited accepts no liability resulting from any unauthorised use, whether fraudulent or otherwise.
- You can
also choose to deposit by (i) bank wire (ii) bank draft or (iii) cheque.
If You have chosen either of these deposit methods You will not be able to
place Bets until the funds have cleared in Our account. Bank Drafts and
cheques should be made payable to Tote Ireland Limited and should have
Your username/Account number, name and address clearly written on the
back. All bank drafts and cheques should be sent to:
Tote Ireland Limited,
Republic of Ireland.
- You acknowledge that bank transfers may take up to five business days to arrive at Our bank. Your Account will be credited as soon as Our bank receives the bank transfer and We are notified.
- The right is also reserved by Tote Ireland Limited to close an account without prior notice and void any outstanding bets on the account.
- Our active account holders face no fees or charges whatsoever from Tote Ireland Limited. In the event that a Tote Ireland account remain inactive for 18 consecutive months and have a positive balance, a monthly administration charge will apply for the maintenance of the Tote Ireland customer account. Before Tote Ireland start deducting this charge from an account balance, Tote Ireland will notify the account holder and assist the customer should he/she wish to re-activate the account. The monthly charge will be deducted on the last day of the month that the account becomes inactive and on each month end thereafter (if it remains inactive).The monthly charges that will be applied to an inactive account is calculated as 10% of the total account balance on the day that the account falls dormant or €5 (whichever amount is highest). To minimise administration costs, once the balance fall bellows €5 then the entire balance will be deducted. The monthly charge will be deducted at the end of every month that the account remains inactive until the balance is zero. The balance will never be negative. Once the balance is zero, no further charges will apply. Please note that the deduction only applies to funds within the customer account balance. The fee will be displayed in the Client Account with the description ‘Inactive Account Fee’. Tote Ireland Limited reserve the right to close the account once the balance has been reduced to zero. A customer can withdraw the balance on the account at any time. The customer must ensure that the payment method is still active and especially that the card assigned to the account has not expired. In the event that the card or payment method assigned to the card has expired, Tote Ireland will issue a cheque to the customer. A customer can reactivate their account by:
1. Making a deposit
2. Making a withdrawal
3. Placing a wager
In the event of a reactivation of an inactive account, no reimbursements of administration fees will apply and Tote Ireland will not enter into any correspondence in this regard. Where an account has been closed, any unclaimed promotions, bonuses or other benefits which may have been applied to the account or notified to the customer will automatically be forfeited.
- Customers can only bet up to the amount held within their account. The minimum and maximum bet per selection is determined exclusively by Tote Ireland Limited and is detailed on screen. Tote Ireland Limited reserves the right to accept or decline the whole or part of any proposed bet.
- Bets must be made on-line at the Site or through existing Tote Ireland Limited betting channels.
- All times referred to on the Site refer to GMT.
- It is the customer's responsibility to ensure that all the details of their bets are correct. Once the transaction has been confirmed bets placed via the internet cannot be cancelled by the customer.
- Each bet will be given an individual number as confirmation of the transaction. However, bets will be valid, subject to meeting the criteria for placing a bet laid down in these Terms and Conditions, if accepted by the Tote Ireland Limited Transaction Server, whether or not the customer receives the transaction code. We are not liable for the settlement of any bets where we have not issued a confirmation (Bet Confirmation Code) of acceptance of the bet or where we are unable to display that bet on the internet wagering platform.
- Bets are accepted up to the off-time of the event or a pre-determined time whichever the earlier. Tote Ireland Limited reserves the right to void any bet inadvertently accepted after the betting has closed or where the event was resolved or at a stage where the customer could have any indication of the outcome. Tote Ireland Limited reserves the right to void any or all bets made by any group of people acting in liaison in an attempt to defraud Tote Ireland Limited.
- In the event of there being a dispute over the time at which a bet was placed then the time at which it was recorded on the transactional log will govern the settlement. You must check your account balance each time you log on to the Site. In the event of a query it is your responsibility to notify Tote Ireland Limited at the earliest opportunity together with your record of transactions since your balance was last verified.
- We cannot allow for mistakes, nor accept responsibility for any errors or omissions in respect of the announcing, publishing, runners, times or result, despite every effort to ensure their accuracy. Tote Ireland Limited reserves the right to correct any obvious errors. Should funds credit to a customer's account in error, it is the customer's responsibility to notify Tote Ireland Limited of the error without delay. Tote Ireland Limited reserves the right to amend/correct account balances. Any winnings subsequent to the error and prior to the notification of Tote Ireland Limited, whether linked to the error or not, shall be deemed invalid and returned to Tote Ireland Limited.
- Save in the case of manifest error on our part or where a binding decision has been reached by either the Board of Tote Ireland Limited or the Chairman of Horse Racing Ireland in accordance with Clause 36 (where, in each case, the provisions of Clause 44 shall apply) we accept no responsibility and shall not be liable for any consequences that are alleged to have occurred through your use, or misuse, of our services.
- You are entirely responsible for the information that you provide to Tote Ireland Limited and we shall not be liable for incorrect entries made by you, including data input errors with respect to the stakes on offer.
- The Tote Ireland service is provided "as is" without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. Except to the extent expressly set out in clauses 29, 36 and 44 of these Terms and Conditions, in no event shall Tote Ireland Limited be liable for any damages whatsoever (including, without limitation, damages for loss of direct or indirect profits, economic loss, business interruption, loss of information) or any indirect, consequential or special losses howsoever caused including but not limited to any loss of contracts, loss of goodwill and loss of reputation arising out of the use of or inability to use the Tote Ireland service, even if we have been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- Under no circumstances shall Tote Ireland Limited be held liable for any loss or damage that you may suffer because of any act of nature; power failure; internet failure, computer equipment failure, civil disturbances, trade or labour dispute; strikes; riots; act, failure or omission of any government or authority; obstruction or failure of telecommunication services or networks; or any other delay or failure caused by a third party. In such an event, we reserve the right at our sole and absolute discretion to cancel or suspend our services with or without notice without incurring any liability. We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our betting services, impede the placing of orders for bets or the matching of bets, or prevent you from being able to contact us.
- You agree to indemnify, defend and hold harmless Tote Ireland Limited and our subsidiaries, affiliates, shareholders, successors, third party advertisers, officers, contractors, directors, servants, agents and employees and each of their respective officers, directors, servants, agents, shareholders, employees and representatives from and against any liabilities, claims, losses, costs or demands including reasonable legal expenses made or brought by any third party due to or arising out of your breach of these Terms and Conditions including terms incorporated by reference into these Terms and Conditions or out of your violation of any law or the rights of any third party.
- All winnings will be credited to the customer's account. Account holders may also withdraw and lodge to their credit card at their convenience. Payments made to a customer can be made by cheque on request in accordance with the personal details stored in the customer’s account.
- Any concern over a bet claim should first be e-mailed to us at firstname.lastname@example.org. We will make every effort to ensure to resolve the matter in a mutually satisfactory manner. However, if you still feel that you have been unfairly treated your dispute should firstly be submitted in writing to The Board of Tote Ireland Limited. If after this stage you wish to take this matter further, you should forward copies of all correspondence to the Chairman of Horse Racing Ireland. These addresses and/or phone numbers can be obtained by e-mailing us at email@example.com. Tote Ireland Limited agree to be bound by any decision reached by either the Board of Tote Ireland Limited or the Chairman of Horse Racing Ireland, so long as the full facts have been submitted by both sides. In the event that the customer does not accept the final determination of the Board of Tote Ireland Limited or the Chairman of Horse racing Ireland, the terms of Clause 8 will apply.
- In respect of Great Britain customers, our licence from the UK Gambling Control Commission (“UKGC”) requires us to put in place arrangements whereby unresolved disputes may be referred to an ‘independent third party’. By registering with the Independent Betting Adjudication Service (IBAS), Tote Ireland Limited fulfils this requirement. Any concern over a bet claim should first be e-mailed to us at firstname.lastname@example.org. If we are unable to settle the dispute, we will refer the dispute to the Independent Betting Adjudication Service (IBAS). The arbiter’s decision will be final (save in respect of any manifest error) subject to full representation being given to all parties involved. In the event that the customer does not accept the final determination of the Independent Betting Adjudication Service (IBAS), the terms of Clause 8 will apply. If you wish to contact IBAS, email: email@example.com or write to: IBAS, PO Box 62639, London, EC3P 3AS.
- All results will be published and confirmed by the Press Association excluding errors and omissions, unless otherwise stated in our Betting Rules.
- Tote Ireland Limited reserves the right to amend these Terms and Conditions at any time, as may be required for a number of reasons including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. Any such revision will be binding and effective immediately on posting of notification of such changes on the website. It is your responsibility to regularly review these Terms and Conditions for changes. By continuing to use the Site you agree to be bound by these changes.
- If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
- Without restricting our ability to rely on other remedies that may be available to us, Tote Ireland Limited will suspend or terminate your account or cancel any bets placed by you at our absolute discretion without prior notice to you if: (i) we suspect that you are engaging in illegal or fraudulent activity while using our Site; (ii) we suspect you are breaching any term of these Terms and Conditions; (iii) we suspect you are acting in a manner that is detrimental to the conduct of our business; (iv) we suspect that you may be having difficulties obtaining credit, (v) we are required to do so by law or (vi) we decide to do so at our absolute discretion.
- Irrespective of whether we suspend or terminate an account and notwithstanding any other provisions in these Terms and Conditions, we may decide to cancel and void any bets at our absolute discretion without prior notice to you where (i) there is a technological failure, or (ii) you have breached any of these Terms and Conditions or the Betting Rules or (iii) where in our judgment, there is a manifest error in the terms of a bet placed by any party.
- Tote Ireland Limited provides a self-exclusion facility to help you if you feel that you have developed a gambling problem. For information on problem gambling generally, please follow the links at the bottom of this and/or other pages of the Websites. At your request, we will as soon as is reasonably practicable apply best practices to prevent you from using your Account indefinitely. To this end, we may retain such personal data as is necessary (and for as long as is necessary which may be indefinitely) to implement the facility as effectively as possible, including for example your name, address and credit/debit card details. Our self-exclusion facility involves a joint commitment between Tote Ireland Limited and you. We will take reasonable steps to prevent you re-opening your Account or opening a new Account but you must not attempt to re-open your Account or to try and open new Accounts. We shall not be liable if you circumvent our self-exclusion procedures and continue to use our Services or if you continue to gamble with any third party. To activate our self-exclusion facility, please contact customer services using the contact information on the bottom of this page.
- In the case of a disputed bet, Tote Ireland Limited's liability shall be determined in accordance with Clause 36 and for Great Britain customers, Clause 37.Your sole remedy in the event of termination of your account by us for any reason shall be the re-imbursement of any undisputed account balance you may then have and we shall have no further liability to you whatsoever.
- Tote Ireland Limited is the owner or authorised user or licensee of all the intellectual property rights in the Site design, content, text, graphics, the selection and arrangement thereof and all software.
- You acknowledge that all trade marks (including service marks, trade names and business names), design rights, copyright and related rights (including but not limited to rights in respect of software), internet designations (including domain names), patent, database rights, moral rights (whether or not any of these is registered and including any application for registration of any such rights), source code, templates, dividends, formats, interfaces, know-how, including data specifications, drawings and instructions, secret formulae and processes, confidential information, rights protecting goodwill and reputation, rights to sue for passing off, trade secrets (any modification, improvements, developments and enhancements thereof) and all rights or forms of protection of a similar nature to any of the foregoing or having similar effect which may exist anywhere in the world in and related to the Site (“the Intellectual Property”) are the exclusive property of Tote Ireland Limited and it’s licensors.
- You acknowledge that you are not permitted to use any of Tote Ireland Limited’s trade marks (including the word TOTE, TOTE logo, TOTE JACKPOT, TOTE PLACEPOT, PLACEPOT, TOTE EXACTA, TOTE TRIFECTA, TOTE PICKSIX), or any confusingly similar marks without the prior written permission of Tote Ireland Limited. Tote Ireland Limited does not grant any express or implied right to you in any intellectual property rights or secret information held on our servers.
- You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or part, any of the Intellectual Property including the content, text, dividends, graphics, the selection and arrangement of the Site or trade marks of the Site without the express prior written permission of Tote Ireland Limited. Any use and/or reproduction of the Intellectual Property, without the prior written consent of Tote Ireland Limited, is strictly prohibited and will constitute a breach of these Terms and Conditions and a breach of Tote Ireland Limited’s intellectual property rights.
- You agree not to reverse engineer, modify, adapt or translate any portion of the Site nor to use any automated system or software, any robot, spider or other device to retrieve, index or screenscrape any portion of the Site, except as expressly authorised in writing by us.
- UNDER NO CIRCUMSTANCES MAY ANY PERSON EXTRACT OR USE ANY DATA FEATURED ON THE SITE WITHOUT TOTE IRELAND LIMITED'S PRIOR WRITTEN CONSENT. FOR THE AVOIDANCE OF DOUBT, THIS CLAUSE 47 EXTENDS TO PROHIBIT ANY MANUAL OR ELECTRONIC EXTRACTIONS OR HARVESTING OF DATA FROM THE SITE WHETHER BY CUSTOMERS, BOOKMAKERS, BETTING EXCHANGES, ODDS COMPARISON SERVICE PROVIDERS OR OTHERWISE ANY UNAUTHORISED ACCESS OR DAMAGE TO DATA ON THE SITE MAY CONSTITUTE AN INFRINGEMENT UNDER THE COPYRIGHT AND RELATED RIGHTS ACT 2000 AND/OR DATABASE DIRECTIVE 96/9 EC AND/OR AN OFFENCE UNDER THE CRIMINAL DAMAGE ACT 1991 AND/OR THE CRIMINAL JUSTICE (THEFT & FRAUD OFFENCES) ACT 2001.
- The Site may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Tote Ireland Limited of the contents on such third party websites. Tote Ireland Limited is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. Tote Ireland Limited accepts no liability in relation to these third party websites and if you do decide to access linked third-party websites, you do so at your own risk. Third party websites accessed via links on the Site are not covered by these Terms and Conditions.
- Tote Ireland Limited generally welcomes the hyper-linking to our Site from other appropriate websites provided such links are to our Site's homepage (and no deeper within the Site) and provided Tote Ireland Limited gives its consent to the establishment of such links. Notwithstanding the foregoing, Tote Ireland Limited reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the user's user experience.
- Notices and other communications delivered to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
These Terms & Conditions of use for www.thetote.com (formerly www.tote.ie) were last updated on 17th February 2017.