Terms & Conditions of use for www.thetote.com

Tote Betting Conditions and the Tote Privacy Policy also fall under these Terms and Conditions.

For non Irish racing, please note that terms and conditions are determined by the betting rules of the jurisdiction you are betting in to.

  1. 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 Ireland.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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 concerned.

  12. The right is also reserved by Tote Ireland Limited to close an account without prior notice and void any outstanding bets on the account.

  13. 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.

  14. Bets must be made on-line at the website or through existing Tote Ireland Limited betting channels.

  15. All times referred to on www.thetote.com refer to GMT.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  21. 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.

  22. 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.

  23. 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.

  24. 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.

  25. 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.

  26. 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 accordance with the terms of our Privacy Policy which is available here.

  27. 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.

  28. Any concern over a bet claim should first be e-mailed to us at info@tote.ie. 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 info@tote.ie. 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.

  29. All results will be published and confirmed by the Press Association excluding errors and omissions, unless otherwise stated in our Betting Rules.

  30. 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.

  31. 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.

  32. 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 discretion.

  33. 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.

  34. 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.

  35. 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.

  36. 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.

  37. 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.

  38. 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 user experience.

  39. 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 18th August 2008 at 11:52.