Terms & Conditions of use for www.thetote.com
For non Irish racing, please note that terms and conditions are determined by the betting rules of the jurisdiction you are betting in to.
These terms and conditions govern all
bets placed on the Tote Ireland Limited website, www.thetote.com
(formerly www.tote.ie), 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
By opening an account you will be
deemed to have read and accepted these terms and conditions which
constitute a legally binding agreement between Tote Ireland Limited and
you. 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.
- 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. 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. 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 website, 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
- Any disputes not covered by Clause
23 below or any other claims or proceedings arising out of or in any
way relating to this website 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 relating to your
use of the website.
You must be over 18 to register or use
this site. Tote Ireland reserves the right to request proof of age and
identity documentation from any customer at any time.
- 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 the
customer 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 website. 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.
- 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, 1850 238 669. We will not be liable for
any loss that you may incur as a result of misuse of account numbers or
PIN numbers and Tote Ireland Limited accepts no liability resulting from
any unauthorised use, whether fraudulent or otherwise.
- The minimum account deposit is €5. Interest is not payable on account balances. No credit is
permitted. It is your responsibility to maintain sufficient funds in
your account, and to stake your bets accordingly. We reserve the right
to void any bet which may be inadvertently accepted if your account does
not have sufficient funds to cover the whole of the bet. Where a
credit/debit card is used to deposit funds, such funds only become
available after Tote Ireland has obtained authorisation from the
relevant card issuer. Should the card issuer decline a transaction, all
enquiries should be addressed by the account holder to the card issuer
- The right is also reserved by Tote
Ireland Limited to close an account without prior notice and void any
outstanding bets on the account.
- 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
website or through existing Tote Ireland Limited betting channels.
- All times referred to on www.thetote.com 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
- 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
- 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 Tote
Ireland Limited website. 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
- 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 29 (where, in each case, the provisions of
Clause 34 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 21,28 and 34 of these terms and
conditions, in no event shall Tote Ireland be laible 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.
- We are not liable for any loss or
damage that you may suffer because of any act of nature; power failure;
trade or labour dispute; 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 to cancel or suspend our services
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 and hold us
and our subsidiaries, affiliates, officers, directors, agents and
employees harmless from any liabilities, claims, losses or demands made
by any third party arising out of your breach of this agreement
including documents incorporated by reference into this agreement or out
of your violation of any law or the rights of any third party.
- You acknowledge that Horse Racing
Ireland and its subsidiaries will hold information with respect to your
identity, including but not limited to your name, address and payment
details. You agree that we rely on this information in entering into
this agreement with you and you agree to hold us harmless against any
falsehood or inaccuracy contained in the information you provide us.
Tote Ireland Limited will hold and process your personal data in
- 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 customers 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 7 will apply.
- 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. Any such revision
will be binding and effective immediately on posting of notification of
such changes on the web site.
- 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
- Without restricting our ability to
rely on other remedies that may be available to us, we will suspend or
terminate your account or cancel any bets placed by you at our absolute
discretion 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 this agreement; (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
- 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 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.
- In the case of a disputed bet,
Tote Ireland Limited's liability shall be determined in accordance with
Clause 28.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 Tote Ireland Limited website and its content including, without
limitation, any copyright, patent, registered design, trade marks,
service marks, source codes, specifications, templates, graphics, logos
or any right subsisting in Ireland or elsewhere in respect of content,
databases, formats, interfaces, programming, the offering of services to
other customers, software or any application for any of the foregoing
and any modification, improvements, developments and enhancements
thereof. Except as expressly provided herein, 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.
- UNDER NO CIRCUMSTANCES MAY ANY
PERSON EXTRACT OR USE ANY DATA FEATURED ON THE TOTE.IE OR THETOTE.COM
WEBSITE WITHOUT TOTE IRELAND LIMITED'S PRIOR WRITTEN CONCENT. FOR THE
AVOIDANCE OF DOUBT, THIS CLAUSE 36 EXTENDS TO PROHIBIT ANY MANUAL OR
ELECTRONIC EXTRACTIONS OR HARVESTING OF DATA FROM THE TOTE.IE OR
THETOTE.COM WEBSITE WHETHER BY CUSTOMERS, BOOKMAKERS, BETTING EXCHANGES,
ODDS COMPARISON SERVICE PROVIDERS OR OTHERWISE ANY UNAUTHORISED ACCESS
OR DAMAGE TO DATA ON THE TOTE.IE WEBSITE MAY CONSTITUTE AN OFFENCE UNDER
THE CRIMINAL DAMAGE ACT 1991 OR THE CRIMINAL JUSTICE (THEFT & FRAUD
OFFENCES) ACT 2001.
- The Tote Ireland Limited site may
contain links to third party web sites. 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 web sites. 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 web sites. If you decide to access
linked third-party web sites, you do so at your own risk.
- Tote Ireland Limited generally
welcomes the hyper-linking to our Site from other appropriate web sites
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 web site 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
- 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
These Terms & Conditions of use for www.thetote.com (formerly www.tote.ie) were last updated on 18th August 2008 at 11:52.