Tatts Card Membership Terms (NT)

Terms & Conditions

These terms and conditions are effective from 7th October 2015

1

Application of Membership Terms: These are the Membership Terms applicable to Tatts Card membership. They are important and should be read carefully by you. By having a tatts.com Product Account, you are automatically registered as a member of the Tatts Card program. If you have been automatically registered as a member of the Tatts Card program you will only be issued an actual or electronic Tatts Card if you elect to receive a Tatts Card.

2

Fees: To have (and continue to have) a Tatts Card and be (and continue to be) a Tatts Card member, you must, when requested by us or a Tatts NT Outlet, pay the activation fee and annual administration fee as set by us. These fees are non-refundable.

2.1

Details regarding the activation and annual administration fees set by us can be found at Tatts NT Outlets and at www.tatts.com. We will notify you of any changes to the fees.

2.2

If you are already a member of the Tatts Card program before you open a tatts.com Account, you can link your Tatts Card to your tatts.com Account. By linking your Tatts Card to your tatts.com Account, you will be able to view online your transaction history for all purchases made by you at any Tatts NT Outlet where those purchases are registered to your Tatts Card.

3

Acceptance of Membership Terms: You agree to the Tatts Card Membership Terms either expressly (e.g. when you expressly accept them as part of the registration process) or implicitly (e.g. when you make use of your Tatts Card to enter a lottery or otherwise make use of the benefits or services available to Tatts Card members). If you are asked to accept these Membership Terms in respect of your existing Tatts Card membership then your acceptance acknowledges that the Membership Terms replace those which applied to your existing membership, to the extent that they are different.

4

Eligibility: Tatts Card membership is only available to persons 18 years of age or older. Your right to make use of your Tatts Card membership to participate in a lottery (e.g. the use of your Tatts Card to purchase an entry) is conditional upon your compliance with these Membership Terms.

5

Prizes: Prizes registered to a Tatts Card can only be claimed if you present the relevant Tatts Card (i.e. the same Tatts Card as was used to register the entry). We may additionally request either a statutory declaration of ownership or the original entry ticket be produced prior to the payment of any prize registered on a Tatts Card.

5.1

A prize registered on your Tatts Card (other than a Division 1 prize,  1st prize or Lucky Lotteries Jackpot prize) and not claimed within 4 weeks of the relevant draw date will be paid, at our election, or at your election if you have a linked tatts.com Account in any one of the following ways:
(a)by crediting the then recorded tatts.com Account which you have linked to your Tatts Card (but only if you are an unrestricted member, that is, only if your identity, age and place of residence have been verified in accordance with our identification procedures);
(b)by remittance in Australian dollars through a bank account nominated by you with an Australian branch of a bank carrying on business in Australia;
(c)by cheque to you and forwarded by ordinary post to the address recorded for you on our lottery system file.

Prizes in respect of multi-week entries will be paid approximately four weeks after the draw date of the last entry recorded on that lottery ticket.

5.2

If a Division 1 prize, 1st prize or a Lucky Lotteries Jackpot prize is registered to your Tatts Card, we will attempt to contact you by email or telephone by the end of the next business day after the draw date, on the email address or telephone number registered to the Tatts Card.

5.3

Division 1 prizes, a 1st prize or a Lucky Lotteries Jackpot prize (other than a 1st Prize for Set for Life which will be paid in accordance with the relevant Rules) will be paid at our election, either by electronic funds transfer into an account with an Australian branch of a bank carrying on business in Australia, [or by cheque in person at our offices], or, if we agree (at our absolute discretion) to a request by you, by cheque forwarded by registered or express post to the address then registered to the Tatts Card.

5.4

A nominal handling fee inclusive of GST may be deducted from those prizes over $5.00. We will give you notice of the introduction or increase of any fee at least 30 days before the change. Prize cheques for which a 'stop payment' is placed at your request, or which have been cancelled, returned or re-issued as a result of your failure to keep your details current, may incur additional handling/service fees to cover any costs imposed on us by third parties, including those fees charged by the bank of issue, and may be deducted from the value of the prize.

6

Prize claims: Prize winning lottery tickets are bearer documents and any prize payment by us to a person surrendering a winning lottery ticket shall discharge any liability we have in respect of that winning lottery ticket, irrespective of whether the lottery ticket is registered to a particular Tatts Card or not.

7

Mistake: Notwithstanding anything else in the Membership Terms, if a prize is registered to your Tatts Card by mistake (e.g. if you are not the true owner of the ticket but the ticket has been mistakenly registered to your Tatts Card) and we pay you the prize, you are to reimburse us the amount of that prize upon demand. Where it comes to our attention that we have paid you a prize in error, we will notify you as soon as possible.

8

Personal details: It is your responsibility to ensure that the personal details (including the details of any tatts.com Account linked to your Tatts Card), your bank account details and address provided to us by you for recording on our lottery system file are correct, complete and accurate at all times, and not misleading or likely to mislead. You must promptly notify us of all changes. In order to effect some changes, you may be required to complete a change of details form made available by us. You acknowledge that we rely on this information provided by you to, amongst other things, process your prize payments.

9

Availability of internet services: The accessibility and operation of the Tatts Card membership program relies on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of this service.

10

Ownership of a Winners Circle card: The Tatts Card remains our property. We reserve the right to withdraw the card and terminate the Tatts Card membership program at any time and to pay out any prize moneys which may be outstanding, in accordance with the Rules, by giving you at least 30 days’ notice. You may continue to use your Tatts Card in accordance with the Membership Terms during the notice period. Where we withdraw your Tatts Card in accordance with this section, no fees or charges will be payable by you and you will be entitled to claim a pro rata refund of the administration fee for any remaining period of membership after the date of termination.

11

Breaches: If you have committed a material breach of any of the Membership Terms, including for example, if we become aware or reasonably believe that your Tatts Card may have been used to facilitate or is connected with unlawful, suspicious or fraudulent transactions or has been misused, or been subject to unauthorised use we may, without limitation to such other rights and remedies we may have, terminate your membership. We will notify you as soon as possible of the termination without any requirement to outline the reasons for such cancellation.

12

Liability: We assume no responsibility or liability for lost or stolen tickets and under no circumstances shall registration as a Tatts Card member entitle a person to whom a winning ticket is registered to claim a prize previously paid by us to a person surrendering a winning ticket to us or a Tatts NT Outlet. If your ticket is lost or stolen you should tell us immediately. If you tell us in adequate time and before the prize is claimed, we may be able to stop payment of the prize.

12.1

Except to the extent that guarantees under the Australian Consumer Law cannot be excluded we will not be liable for any errors or omissions in respect of numbers stored on our lottery system or any inability to record or retrieve numbers stored on your Tatts Card or to otherwise access our lottery system for any purpose, save to the extent that such errors, omissions or inabilities arise from our negligence or wilful misconduct or that of any of our officers, employees or agents. It remains your responsibility to check that numbers and/or entry details recorded on lottery tickets are correct at the time of issue.

12.2

Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, Tatts Card membership is at your own risk and you relieve us of any liability to you whatsoever (whether in contract, tort or otherwise) for any loss or damage suffered by you as a result of your membership or as a result of your use or attempted use or reliance on any information, service or facility provided to you as a Tatts Card member, save to the extent that such loss or damage arises from our negligence or wilful misconduct (or that of any of our officers, employees or agents).

13

Privacy: Tatts is authorised to collect certain personal information for the purpose of processing your application for registration of your membership of the Tatts Card program under the Gambling Regulation Act 2003 and the Rules of Authorised Lotteries (VIC).

13.1

By becoming a member you consent and authorise us to access, collect and use the personal information collected about you and disclose personal information about you, to Tatts and its contractors and agents (which may include disclosure to financial institutions, lawyers, auditors, IT service providers, mail service providers, marketing service providers, market research companies, selling agents) and gaming and other regulators, for the purposes of (i) registration of your membership; and (ii) providing you with information about products and services.

13.2

We may also disclose this information to any person who is the bearer of a lottery ticket that is registered to your Tatts Card, for the purposes of the administration and conduct of the Tatts Card program. We may also disclose your Tatts Card number on the customer display screen when you choose to use Tatts Card during a lottery transaction. It is a condition of membership that you consent to these uses and disclosures of your information by us. When submitting your membership registration, you can elect to not have your name disclosed when announcing major prize winners. You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.

13.3

If you do not provide the personal information requested, we cannot process your application for registration. Your personal information will be dealt with in accordance with Tatts Group’s Privacy Policy which is available for inspection at www.tattsgroup.com/legal/privacy. The Tatts Group Privacy Policy, available at www.tattsgroup.com/legal/privacy, contains further information about how you may access and seek a correction of your personal information, how you may complain about privacy related matters and information about how your complaint will be dealt with. For privacy related queries, please contact 131 868 or privacyofficer@tattsgroup.com.

14

Communication with you:By becoming a Tatts Card member you consent to us contacting you by email and/or SMS or other means of electronic communication to provide you with information about upcoming events, promotions, new products and services or other similar opportunities including payment of free prize tickets. Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out. If you do not wish to receive these communications, you can opt-out of any or all of them at any time by updating your communication preferences by contacting us on 131 868 or customersupport@tattersalls.com.au.

15

Variation of Membership Terms: We may vary any of the Membership Terms by getting your consent or complying with this section. The steps we must take depend on the type of variation. If we reasonably consider that any change to the Membership Terms is likely to benefit you or be of immaterial detriment to you, we can make the change immediately and do not need to notify you. We will notify you of any other change to the Membership Terms either by (at our election) mail to an address provided to us by you, or by email to the email address provided to us by you, sent by us at least 30 days prior to the change occurring. The notification will specify the date of commencement of the change to the Membership Terms. If you consider that any change to the Membership Terms is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.

16

Notices: Where we are required or permitted to give you a notice under the Membership Terms, we may do so, if the notice is about a variation of the Membership Terms, by complying with section 15, or otherwise, in any way, including by giving you the information in person (whether it be provided by us or our agents), or giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us, or making the information available at www.tatts.com

16.1

Where we give you notice:
• in person, it is taken to be received by you at the time we give it;
• by mail, it is taken to be received by you on the day after posting;
• by email, it is taken to be received by you when the email is sent, regardless of any response to the email; and
• by other means of communication when the messages are sent
• by making information available on www.tatts.com, it is taken to be received by you at the time the information is made available on www.tatts.com

16.2

Where you are required or permitted to give us a notice under the Membership Terms, you may do so by giving us the notice by:
• mail addressed to Locked Bag 7, Coorparoo DC QLD 4151; or
• email to customersupport@tattersalls.com.au

16.3

Where any law requires or permits us to give information to you, you consent to that information being given by an electronic communication.

17

Agreement between group entrants: We shall not be bound by any rule or agreement made between group entrants.

18

Assignment: We may assign our rights and obligations under the Membership Terms to other companies in the Tatts Group and we will give you notice no later than 30 days after any such assignment occurs. Otherwise, we may assign our rights and obligations by giving you notice in accordance with section 16. If you consider that the assignment is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.

19

Application of game rules: The Membership Terms which are available at www.tatts.com are to be read in conjunction with the Gaming Control Act and Gaming Control (Community Gaming) Regulations (NT). In the event of any conflict between the Membership Terms and the Gaming Control Act and Gaming Control (Community Gaming) Regulations (NT), the Gaming Control Act and Gaming Control (Community Gaming) Regulations (NT) will prevail to the extent necessary to resolve the conflict.

20

Jurisdiction: The laws of the Northern Territory govern the Membership Terms. Each of us submits to the jurisdiction of the courts of the Northern Territory.

21

Waiver: Any non-enforcement by us of any of our rights under the Membership Terms will not constitute a waiver of those rights. Any waiver by us of any of our rights under the Membership Terms will not constitute a waiver on any subsequent occasion.

22

Website: There are sections in the Membership Terms which cross reference or link to information on www.tatts.com. Unless the context otherwise requires, that cross reference or link is not intended to make the cross referenced or linked information a part of the Membership Terms.

23 Interpretation:

Nothing in the Membership Terms affects your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

In the Membership Terms:

  1. headings are for convenience only and do not affect interpretation;
  2. "person" includes an individual, a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
  3. if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. "includes" in any form is not a word of limitation;
  5. a reference to "$" or "dollar" is to Australian currency; and

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Membership Terms” mean the Tatts Card membership terms contained in this document as amended from time to time.
"Tatts NT" means Tatts NT Lotteries Pty Ltd (ACN 146 244 987).
“Tatts NT Outlets” means a retailer appointed by Tatts NT.
“tatts.com Product Account” means an internet account with tatts.com Pty Ltd, as an agent of Tatts NT.
“Tatts Group” means Tatts Group Limited (ACN 108 686 040) and its related bodies corporate (as that term is defined in the Corporations Act).
"You" and "your" means you, the Tatts Card member.
“We”, “us” and “our” means Tatts.