GENERAL PROVISIONS
The provisions contained in these General Terms & Conditions are subject to change without notice. It
is
the responsibility of any person seeking to rely on these General Terms & Conditions to ensure that
they
are making reference to the most recent version of our General Terms & Conditions by visiting the
comeon-top.com Website.
Where they appear in these General Terms & Conditions, the following terms and expressions have the
meaning attributed to them in this Clause:
"Customer" means a registered holder of a comeon-top.com Customer Account.
"Customer Credentials" means your comeon-top.com User ID and access password.
"comeon-top.com Rules" means any rules from time to time propagated by comeon-top.com in
respect of the
comeon-top.com
Website and its use, and include:
These General Terms & Conditions; and
The comeon-top.com Wagering Rules.
"comeon-top.com Website" means our wagering website located at www.comeon-top.com.com.au.
Any references to "you" or "your" in these General Terms & Conditions is a reference to a
comeon-top.com
Customer.
Any references to "we", "us" or "our" in these General Terms & Conditions is a reference to
comeon-top.com.
By opening a comeon-top.com Customer Account, you agree to be bound by the terms and conditions
set out
hereunder and the comeon-top.com Wagering Rules.
These General Terms & Conditions shall be governed by, and construed in accordance with, the Laws of
the
State of NSW and, in the event of any dispute arising from or in connection with these General Terms
&
Conditions, comeon-top.com and the Customer irrevocably submit to the exclusive jurisdiction of
the courts
of
NSW.
No rule of contract interpretation may be applied in the interpretation of these Rules to the
disadvantage of a party on the basis that it prepared or put forward these Rules or any document
forming
part of these Rules.
You agree that it is your responsibility to pay any tax or duty imposed on you by any competent
authority in connection with your wagering activity.
ABOUT comeon-top.com
'comeon-top.com' is the trading name of comeon-top.com Pty Ltd (A.C.N. 649 987 735) licensed in
the
State of New
South Wales by GWIC and Greyhound Racing NSW and regulated by Liquor and Gaming NSW.
You agree that comeon-top.com offers a wagering service whereby Customers have the ability to
place a bet
with
the possibilities of a win or a loss.
comeon-top.com is licensed by by GWIC and Greyhound Racing NSW and regulated by Liquor and Gaming
NSW to
accept wagers via the Internet.
CUSTOMER IDENTIFICATION
Identity Verification Requirements
Under Australian law including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
(Cth)
and the Australian Rules of Racing, you are required to verify your identify in order to use your
comeon-top.com Customer Account.
As of 29 September 2023, comeon-top.com required by the Act to verify a Member's identification
information
(ID) before they can transact on their Account. If a Member's Account is opened but not verified,
they
will be unable to deposit/withdraw funds, place bets or otherwise transact on the account until it
is
verified.
If you have not successfully verified your identity by the time set out in the preceding Clause your
comeon-top.com Customer Account will be suspended indefinitely during which period you will not
be
able to
access wagering functionality or perform any banking functions. Please note that any wagering
transactions successfully placed prior to the suspension of your comeon-top.com Customer Account
will
stand.
In order to verify your identity, you may be required to provide additional information or upload
documentation including, without limitation:
A current Australian Driver's Licence;
A current Australian Passport; and/or
A utility bill (no more than three (3) months old) on which the name and address used for
registration
of the Customer Account is prominently displayed.
If you are required to provide additional documentation in accordance with the preceding Clause, you
may
also be required to provide originals or certified copies where necessary.
Third-Party Identity Verification Services
comeon-top.com may engage a third-party to provide identity verification services in order to
more
efficiently
and comprehensively verify the identity of comeon-top.com Customers.
Your personal information may be supplied to any third-party engaged by comeon-top.com to provide
identity
verification services.
The process of verifying your identity may involve checking your personal information against
third-party and government databases and/or credit headers.
MANAGEMENT OF YOUR CUSTOMER ACCOUNT
Customer Information
You are responsible for ensuring that all personal information in your comeon-top.com Customer
Account is kept
current. You must notify us immediately if any of your personal information changes.
You agree that, by opening a comeon-top.com Customer Account, we may use your personal contact
information
(including your phone number and your emailing and mailing addresses) to keep you informed about
comeon-top.com products, promotions, services and events from time to time.
Except as required by law, we confirm that we will not sell or distribute your personal information
to
any third-party without your prior consent. There are limited circumstances where we may be required
to
provide a third-party with access to your personal information including, without limitation, where
a
regulatory authority or sports controlling body requests said access for the purposes of an
investigation or as part of an integrity protocol. In the event that we are required to provide a
third-party with access to your personal information, we will only provide said access to the extent
necessary to comply with the request or demand of the relevant regulatory authority or sports
controlling body.
Customer Credentials
You are responsible for ensuring that your Customer Credentials (which include your name, address,
telephone number, payment/bank details and password) are kept confidential. If you suspect that the
confidentiality or security of your Customer Credentials have been compromised, you should notify
comeon-top.com immediately.
You are responsible for ensuring that your Customer Credentials are kept up-to-date and to notify us
immediately of any errors. In the event that you have not kept your Customer Credentials up to date,
comeon-top.com reserves the right to suspend the Account.
You are able to update your password via the comeon-top.com Website, or via the email provided
that
your
identity is able to be verified by the comeon-top.com operator.
If you have updated your password, comeon-top.com reserves the right to reject or invalidate any
subsequent
transaction made or attempted to be made using your former Customer Credentials.
Activity in Customer Account
You will be responsible for any and all activity in your comeon-top.com Customer Account, except
where you
have provided notice in accordance with the previous Clause.
Any wagers submitted via your comeon-top.com Customer Account will be deemed to have been validly
submitted by
you and, once accepted, may not be modified, cancelled or voided except at the sole and absolute
discretion of comeon-top.com Management.
You will not attempt to use the comeon-top.com Website to deliberately transfer money from one
Customer
Account to another by attempting to match the bets of another Customer Account holder through
collusion.
Customers are permitted to have only one account with comeon-top.com per person, IP address,
device,
household/family or address. Where there is a match to another customer IP Address, same/similar
password and there is a link / relation between accounts, bets placed on both are accounts are
considered to be in breach of comeon-top.com Terms and Conditions. comeon-top.com Reserves the
right, in
its sole
discretion, not to pay any winnings which might have been payable to you or reimburse you for any
loss
incurred. Customers cannot permit anyone other than the customer to operate or othewise benefit from
their account. Where one account is determined by comeon-top.com to be operated by someone other
than
the
customer, or multiple people, comeon-top.com reserves the right, in its sole discretion to void
any
or all
wagers and close the account
Errors & Miscalculations
We reserve the right to annul, void or reverse any transaction subject to any error or
miscalculation.
You will inform us as soon as you become aware of any error or miscalculation in the processing or
settling of any transaction in your comeon-top.com Customer Account.
CUSTOMER CONDUCT
Creation of Accounts
In order to open a comeon-top.com Customer Account, you must be aged eighteen (18) years or
above.
You must not open, or attempt to open, a comeon-top.com Customer Account using another person's
identity or
personal information.
You must not allow your comeon-top.com Customer Account to be operated by a third-party.
You must not access, operate or use, or attempt to access, operate or use, another person's
comeon-top.com
Customer Account.
We may, in our sole and absolute discretion, impose any limits or conditions on any Customer Account
that has been opened on a device or network that is shared (including within a particular
residential
address) or otherwise unsecured.
Except where expressly authorised by comeon-top.com Management, you may not have more than one
(1)
comeon-top.com
Customer Account.
If we discover that more than one (1) Customer Account has been opened on your behalf, we will
immediately close the additional Customer Accounts. comeon-top.com reserves the rights not to pay
any
winnings
which might otherwise have been payable to you or reimburse you for any loss incurred.
Use of Your Customer Account
Your Customer Account is for your personal use only. You must not permit another person to access
your
Customer Account nor use your Customer Account on behalf of, or for the benefit of, another person
or
persons.
You will not in any way disguise, interfere with, or prevent or inhibit us from identifying, the IP
address of the device you are using to access the comeon-top.com Website.
You will not make offensive or potentially defamatory or inflammatory remarks in connection with the
comeon-top.com Website.
You will not be abusive or threatening towards comeon-top.com staff in all of your dealings and
communications
with comeon-top.com.
You will not engage in any fraudulent, improper, misleading, manipulative or other unacceptable
activity
(whether or not unlawful) in relation to your access to or use of your Customer Account or our
services.
Such activity may include (but is not limited to):
The use or attempted use of any software-assisted methods or techniques or hardware devices to
manipulate, or interfere with the operation of, the comeon-top.com platform or any aspect
thereof;
The introduction or attempted introduction of any virus or other harmful or malicious application or
material to the comeon-top.com platform or any aspect thereof;
The introduction or attempted introduction of any defamatory, obscene, abusive or unlawful material
to
the comeon-top.com platform or any aspect thereof; or
The abuse of any promotions or bonuses offered by comeon-top.com.
Customers are permitted to have only one account with comeon-top.com per person, IP address,
device.
Where
there is another match with another client, IP address, device, bets placed on both accounts are
considered to be in breach of
comeon-top.com Terms and conditions. comeon-top.com reserves the rights to
void all
bets and not be obliged to pay any winnings which might otherwise have been payable to you or
reimburse
you for any loss incurred.
Breach of comeon-top.com Rules
If we reasonably believe that you have breached our terms and conditions or there has been unusual
activity on your Account, we may suspend your account and conduct an investigation. Upon our
request,
you agree to provide us with any information that we request as part of our investigation such as
(including a statutory declaration, identification documentation, unredacted bank statements, selfie
with your ID and/or authority to verify information with your financial institution) even if you
have
provided this previously, within the timeframe that we require this and by the manner that we
request
this from you such as originals posted to us. You agree that if you do not provide the information
requested by us, within the timeframe that it is required by, or in the manner that we require it,
that
we may (in our discretion) conclude our investigation and/or draw and adverse inference from your
failure to comply with our information request and other investigation requirements. You agree that
this
is a material condition of our terms and conditions, and that this clause is reasonable to ensure
the
orderly operation of our business.
Breach of comeon-top.com Terms and Conditions
You agree that when we have reasonable grounds to conclude that you have breached our terms and
conditions: (a) we may (in our discretion acting reasonably) void any pending or resulted bets, void
unused bonus bets and promotional offers, void winnings from bonus bets and promotional offers,
withhold
deposits, claw-back withdrawals and/or block your account; (b) you may incur a monthly account fee
of up
to $20 for our various expenses associated with your account, your breach and our investigation; (c)
you
are liable to us for our financial loss that occurs because of or following your breach of our terms
and
conditions; (d) you indemnify us against and such loss; (e) we can deduct any such fee, loss or
expense
from your betting account; and (f) we can withold and funds in your account until any investigation
and
dispute are resolved. Our financial loss and expenses can include our investigation expenses of up
to
$200 per hour and various taxation costs and levies of up to the higher 7.5% of betting turnover or
50%
of revenue (which is an estimate of our overall tax and levy rates). If this results in a negative
account balance, you agree that the negative account balance is a debt that is due and immediately
payable by you to us. Where our investigation concludes that you have no breached our terms and
conditions, we will not deduct any fee, loss or expense.
DEPOSITS & WITHDRAWALS
Deposits
You are able to fund your Customer Account by the following means:
Credit / Debit Card;
Electronic Funds Transfer;
POLi Payments; or
Bank Deposit.
comeon-top.com reserves the right to remove or restrict a Customer's access to the abovementioned
payment
methods for Customers who reside outside of Australia.
If comeon-top.com determines that you have deposited funds into your Customer Account which
originate
from a
Bank Account, Credit/Debit Card or other payment facility that is not in your name, or which
comprise
monies provided to you by a third-party to be used for wagering, then comeon-top.com may (at its
sole
discretion) elect to refund the deposited funds directly back to their source. If this determination
is
made after the placement of bets in your Customer Account, comeon-top.com will not be obliged to
pay
any
winnings which might otherwise have been payable to you or reimburse you for any loss incurred.
Credit/Debit Cards
If you use a credit or debit card to fund your account, we may require that you provide us with a
legible copy of the front and back of the relevant card.
When sending a copy of the card, the middle 8 digits of the credit card may be redacted for security
purposes.
POLi Payments
If you deposit funds via POLi Payments, comeon-top.com may (at its discretion) postpone the
authorisation of
any withdrawal requests until such time as the deposited funds are cleared funds.
Withdrawals
All deposited funds must be turned over at least once before further withdrawals from your Customer
Account will be authorised.(Please note additional turnover may apply for deposit offers)
You must have had your identity successfully verified before your will be able to withdraw funds
from
your Customer Account.
comeon-top.com reserves the right to withhold or cancel any pending withdrawals until the the
method
by which
you have funded your Customer Account has been verified.
comeon-top.com endeavours to process all withdrawals received prior to 11:00am AEST Monday -
Friday
(excluding
Public Holidays) on the same day that the withdrawal request is received.
comeon-top.com does not use Osko or any other instant payment services when processing
withdrawals.
Withdrawals from your account will be declined/suspended pending receipt of each POLi Deposit.
The minimum withdrawal limit is $10 unless the total balance is less than the minimum withdrawal
amount,
in which event the customer can submit a request for the entirety of their remaining account
balance.
Transaction Fees
We do not charge our Customers transaction fees in respect of deposits or withdrawals. We note,
however,
that you may be charged a fee by your financial institution for which it is your responsibility to
pay.
FRAUD & OTHER ILLICIT ACTIVITY
comeon-top.com reserves the right to withhold deposited funds, and/or any winnings to which you
might
otherwise be entitled, if we determine that your account has been funded fraudulently or via the
misuse
of a Credit/Debit Card. Your Customer Account will also be immediately and permanently closed.
comeon-top.com will report any instances of inappropriate or fraudulent use of Credit/Debit Card
will
be
reported to the competent authority.
You agree and warrant that you will not cancel, or instigate any 'charge-backs', of any deposits
made to
fund your Customer Account without first obtaining the consent of
comeon-top.comcomeon-top.com. In
the event that
any
deposits to your Customer Account are cancelled or 'charged-back', you agree to indemnify us for any
costs, claims, damages and expenses relating to or arising in connection with said cancellations or
'charge-backs', including (without limitation) those incurred by comeon-top.com in recovering the
relevant
amounts.
comeon-top.com reserves the right to:
Seek the fullest civil and criminal sanctions against any Customer involved in financial crime; and
To notify the relevant sport's governing body, or relevant competent regulatory or legal authority
where
we have reasonable grounds to suspect your involvement in financial crime or other illicit activity,
without the need to provide you with prior notice.
If you dispute a financial transaction on your Customer Account relating to a third-party (e.g.
Bank),
comeon-top.com may temporarily suspend your Account, without notice, pending an investigation by
us
relating
to the transaction. You agree to indemnify us for any costs, claims, damages and expenses relating
to or
arising in connection with such an investigation.
You must provide information that we may request about any payment methods such as copies of credit
or
debts cards. You must provide source of wealth or source of funds information or additional
documentation that we request.
Where we suspect that you have breached our Ts & Cs, we may suspend your account and conduct an
investigation. Upon our request, you agree to provide us with any reasonable information that we
request
as part of our investigation such as a statutory declaration affirming compliance with our Ts & Cs
(witnessed by a JP, Cdec or legal practitioner), additional identification documents, bank
statements or
payment method statements or any other relevant information. You agree that you must undertake any
additional steps to permit us to verify the authenticity of such documents including having
documents
certified (by a JP, Cdec or legal practitioner), allowing us to contact the person who certified any
document and/or posting certified copies or original documents to us.
You agree that if you do not provide the information requested by us that we may (in our discretion,
acting reasonably) conclude our investigation and/or draw an adverse inference from your failure to
comply with our information request and other investigation requirements. You agree that this is a
material condition of our Ts & Cs, and that this clause is reasonable to ensure the orderly
operation of
our business and prevent fraud.
If we have reasonable grounds to conclude that you have breached our Ts & Cs, we will communicate
this
to you, provide a reason and allow you seven (7) days to provide additional information. If you do
not
or are unable to demonstrate that you have complied with our Ts & Cs: (a) we may (in our discretion
acting reasonably) void any pending or resulted bets, void unused bonus bets and promotional offers,
void winnings from bonus bets and promotional offers, withhold deposits, claw-back withdrawals
and/or
block or close your account; (b) we can withhold any funds in your account until any investigation
and
dispute are resolved; and (c) you indemnify us against any loss or expense that we incur as a result
of
your breach of our Ts & Cs.
If you breach our terms and conditions or any law, we may report you to any relevant regulator or
authority.
DISPUTE RESOLUTION
If you have a dispute or greivance regarding a wager placed, or attempted to be placed, with
comeon-top.com,
please contact us via email at support@comeon-top.com.com.au, or contact us via the Live Chat
facility on our
platform.
We will use our best endeavours to resolve the dispute in good faith as soon as practicable after
receiving details of your dispute or greivance.
If any Dispute cannot be resolved between comeon-top.com and the Member, the member can escalate
the
dispute
to GWIC and/or L&GNSW.
REPONSIBLE GAMBLING
comeon-top.com does not allow persons under eighteen (18) years of age to open or hold a
comeon-top.com
Customer
Account. If your children have access to the device that you use to access any of our wagering
channels,
we strongly recommend that you install parental control software to prevent them from gaining access
and
protect them from harm.
comeon-top.com does not actively or directly promote its services to individuals under the age of
eighteen
(18), nor to any Customers or persons who have requested to be removed from mailing or marketing
lists
or who have self-excluded or suspended.
We use all reasonable endeavours to help our Customers maintain control of their wagering and to
protect
vulnerable persons from gambling harm. If you are vulnerable to gambling harm or are having
difficulty
controlling your wagering, we strongly urge you to utilise the Responsible Gambling tools available
on
the comeon-top.com Platform (or by contacting us).
If you are a Customer that has previously self-excluded from comeon-top.com, you must not
subsequently attempt
to open another Customer Account. comeon-top.com makes all reasonable efforts to prevent the
creation
of
duplicate Customer Accounts, however, if you are successful in opening a duplicate Customer Account,
comeon-top.com is not obliged to pay any winnings which might otherwise have been payable to you
or
reimburse
you for any loss incurred.