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CONDITIONS FOR THE USE
OF A Webphonebet BETTING ACCOUNT
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The Webphonebet betting account
Use of your Webphonebet betting account ("Webphonebet Account"), your Webphonebet account card, the Internet site, and all services and information found thereon ("Webphonebet Services") are subject to the following terms and conditions (the "Agreement"). By completing and returning the registration form, you declare that you have read and understood the Agreement and that you agree to abide by it.
Use of your Webphonebet Account is also subject to and conditional upon full compliance with the Pari-Mutuel Betting Supervision Regulation, and in particular, sections 76 to 84 concerning telephone account betting (http://cpma-acpm.gc.ca/download/2003_eng.pdf).
For purposes of the Agreement, "you" and "your" mean the holder of the Webphonebet Account as entered on the registration form; "we," "us," and "our" mean Webphonebet and /or Attractions Hippiques Montréal L.L.P.
1. PREREQUISITES FOR A BETTING ACCOUNT
To open a betting account in your name, you must have reached the age of majority in the jurisdiction where you live (18 years of age or more in Quebec) and you must reside:
- within the boundaries of the province of Quebec; or
- within the boundaries of the Northwest Territories, Yukon, or Nunavut; or
- within the boundaries of the United States of America, more particularly, in a state where telephone pari-mutuel activity is permitted by law; or
- in a country other than Canada or the United States of America.
The holder acknowledges that he is solely responsible for knowing and understanding the laws of his jurisdiction proscribing, prohibiting, or preventing the opening of a betting account in his name for his use. Webphonebet declines all liability in this regard.
Users from other countries must comply with these rules as well as with all applicable rules in their country of residence.
2. RESPONSIBILITIES OF A Webphonebet ACCOUNT HOLDER
You agree to use your Webphonebet Account, your Webphonebet account card, and the Webphonebet Services in accordance with the terms of the Agreement. The Agreement may be changed by simple updating at any time without prior notice. You agree to periodically consult the Agreement, and the mere fact of continuing to access and use the site means that you accept changes made to the Agreement.
You authorize us to accept, and you agree to be liable for, all instructions transmitted to us in combination with your account number, personal identification number (PIN), and password (together forming your "Personal Identification Code") by any means whatever and made available to us, including those from the Amtote totalizator system used by Attractions Hippiques Montréal L.L.P. (here in after called the "Totalizator"). The opening of your Webphonebet account and its use is a privilege granted by Webphonebet that can be revoked at any time, and with their complete discretion.
3. USER CODE, PASSWORD, AND SECURITY
Your Webphonebet Account and the associated Webphonebet account card is intended for your personal use only and it is strictly forbidden to make a bet for any other person. Any violation of this condition shall result in the immediate closure of your Webphonebet Account. You are responsible for all bets made through your account with your Personal Identification Code, whether placed by you or another person, until Webphonebet is informed that you wish to close your Webphonebet Account or that the confidentiality of your Personal Identification Code has been compromised.
You are solely responsible for the confidentiality of your account number, personal identification number (PIN), and password, and all actions requiring identification and/or your password.
It is also your responsibility to inform Webphonebet immediately of any unauthorized use of your user name or password, and any breach of security, and to take all available measures to ensure optimal security when you use Webphonebet Services.
Webphonebet shall in no way and at no time be liable for any loss or damage resulting from your failure to respect any of the obligations in this section.
You must inform us promptly of any change of address to enable us to keep our registers up to date. Also, your account will be closed if you move outside the territories listed in section 1.
Your PIN and password must remain confidential and difficult to guess. We advise you not to choose a password or PIN that contains your birth date or your name, or those of members of your family. Also, you should choose a password that is not the same as your PIN.
The security of your information depends on secure computer practices. Therefore, we recommend you take the same precautionary measures any person surfing on the Web should follow and disconnect and close your browser at the end of each Webphonebet session to prevent others from having access to your account without your knowledge or authorization.
4. YOUR Webphonebet ACCOUNT - WITHDRAWALS AND DEPOSITS
Deposits into your Webphonebet betting account
You may deposit sums of money into your Webphonebet Account in several ways:
At all Attractions Hippiques race tracks and Hippo Clubs using the Amtote self-serve terminals and your Webphonebet account card.
By mail: by postal money order or cheque (certified or not) accompanied by a deposit slip bearing your Webphonebet Account number.
By telephone: you may request an advance of funds on your credit card. This allows you to make an immediate deposit into your Webphonebet Account.
Deposits made by personal cheque shall be credited to your Webphonebet Account as soon as the funds have been released by Webphonebet's bank (15 days on average).
Sums shall be deposited into your Webphonebet Account in Canadian dollars. All other currencies will therefore be converted into Canadian. The rate used for conversion shall be that of the Bank of Canada at the time of conversion and deposit.
Sums deposited into your Webphonebet Account shall bear no interest.
Withdrawals
Withdrawals from your Webphonebet Account may be made at any time:
At all Attraction Hippiques race tracks and Hippo Clubs using the Amtote self-serve terminals and your Webphonebet account card. The Amtote self-serve terminal will supply a credit voucher for the sum of your withdrawal that can be cashed by tellers at any Attractions Hippiques race track and Hippo Club.
By mail, fax, or e-mail: by a letter signed by you, indicating the amount to be withdrawn and your Webphonebet Account number.
By telephone: at the Webphonebet Webphonebet Call Centre.
Your request shall be processed within 2 business days of receipt and a cheque sent to you by regular mail to the address indicated on your registration form. You may request to have your cheque sent to you by messenger, in which case, the messenger costs shall be debited from your Webphonebet Account.
Balance of your Webphonebet Account
Under no circumstances may your Webphonebet Account show a debit balance. Webphonebet reserves the right, at its complete discretion, to entrust the collection of sums due for any reason whatsoever to a collection agency, and to claim, in addition to the sums due, all costs, fees, and expenses incurred to collect such sums.
Service charges of thirty dollars ($30.00) Canadian shall automatically be deducted from your Webphonebet Account if a cheque is returned to us marked "insufficient funds."
Webphonebet may, at any time, withdraw sums mistakenly deposited into a Webphonebet Account.
Profits from a winning bet shall be automatically deposited into your account as soon as the results of a race are posted and official.
5. WEBPHONEBET ACCOUNT CARD
This card is the property of Attractions Hippiques Montréal L.L.P. and must be surrendered upon request. This card is not a credit card. It is intended for the sole use of the person who initially obtains it and must be used in conformity with the conditions for the use of a Webphonebet betting account. Attractions Hippiques Montréal L.L.P. is not responsible for lost, stolen, or miss-used Webphonebet betting account cards.
6. STATEMENTS OF ACCOUNT AND CLAIMS
Statements of account shall be furnished upon oral or written request. They shall contain all available information covering a maximum period of thirty (30) days preceding the request.
All claims concerning an incorrect balance in your Webphonebet Account must be made in writing or by fax, mail, or e-mail to the Webphonebet Webphonebet Call Centre within fifteen (15) days following receipt of the statement of account.
7. SUSPENSION/RESILIATION
By Webphonebet
We may suspend or resiliate this Agreement or your access to Webphonebet Services, in whole or in part, and/or close your Webphonebet Account, for any reason whatsoever and at any time, without prior notice. Webphonebet shall at no time be liable for any inconvenience to you or any third party resulting from the resiliation of your Webphonebet Account. The balance of your Webphonebet Account shall then be returned to you by cheque by regular mail.
In particular, but without limitation, Webphonebet may close your Webphonebet Account in the following events:
| a. |
A move to a country or jurisdiction not listed in section 1 of the Agreement; |
| b. |
Failure to respect the Agreement, and in particular, section 13 (prohibited uses); |
| c. |
Frequent or abusive cancellations of bets; |
| d. |
Failure to use the account for more than nine months. |
By you
You may resiliate this Agreement by sending notice of resiliation in writing to the Webphonebet Webphonebet Call Centre, by mail, fax, or e-mail. Resiliation shall take effect no later than two (2) business days following receipt of the notice.
Even if we suspend or resiliate your access to services, or close your Webphonebet Account, you shall not be released from your obligations under the Agreement unless and until they have been completely fulfilled.
8. BETTING OFFERS - TERMS AND CONDITIONS
All betting offers made to you by Webphonebet assume, in particular and in addition to compliance with the Agreement, that
| a. |
all information concerning you and your Webphonebet Account, including your Personal Identification Code, contained in our system is accurate and true; |
| b. |
bets cannot be made for less than two dollars ($2) Canadian and must correspond to the type of bet authorized for the race in question (a minimum bet of one dollar ($1) shall be accepted for the Pari-3, Pari-4, Double, and Pari-7); |
| c. |
each bet shall not exceed one hundred dollars ($100) Canadian; |
| d. |
sufficient funds are available in your Webphonebet Account; |
| e. |
the notice of acceptance of the betting offer has been received by the Totalizator; and |
| f. |
the Totalizator has not closed the pari-mutuel pool for the race for which the bet has been made when the betting offer notice is received by the Totalizator. |
Webphonebet shall, under no circumstances, be liable for information or a bet that is not transmitted, received, or otherwise accepted by the host track of the race.
9. RECORDING OF TRANSACTIONS AND CALLS
Each holder of a Webphonebet Account hereby consents to the recording of all his calls and all transactions on his Webphonebet Account, and to the supervision of such calls and transactions by the Canadian Pari-Mutuel Agency. You may contact the Canadian Pari-Mutuel Agency by dialling 1 800 326-3344 to pursue clarification of the rules concerning your betting account.
Any conflict regarding the accuracy of a bet made by a Webphonebet Account holder shall be resolved by a review of the recording of the bet by the Webphonebet supervisory team. The review will generally be done before the end of the following business day. The bet repeated by the computer and confirmed by the bettor shall be considered the bet actually made. You may also ask to hear the recording.
To reduce the risk of error, listen carefully to confirmation of your bet by the Webphonebet computer before authorizing the bet.
10. TAXES AND WITHHOLDING
Take note that Webphonebet/ Attractions Hippiques Montréal L.L.P. does not inform any government agency of winnings and does not withhold or collect taxes at source in your name, and that the responsibility to inform your government of your winnings and to pay taxes is entirely your responsibility.
11. LIMITATION OF LIABILITY
Webphonebet shall not be liable to you or to anyone whomsoever for damages incurred as a result of your use of Webphonebet Services, your Webphonebet account card, or your inability to use Webphonebet Services, of any action taken or decision made in reliance of Webphonebet Services, or of any unauthorized use of Webphonebet Services.
Webphonebet does not accept responsibility for any losses or damages incurred by you or other persons resulting from the opening or use of a Webphonebet account or Webphonebet account card, except in cases of gross negligence on the part of Webphonebet.
By opening a Webphonebet Account and using it to make a bet, you acknowledge and accept that the liability of Webphonebet, if any, shall be limited to amounts committed to make the bet and that such amount shall include any loss or damage.
Unless clearly stated in the Agreement or on the Webphonebet Web site, no statement shall be interpreted to imply, directly or indirectly, in any way whatsoever, that we suggest or guarantee the result of a race, or that we direct a bettor's choice. Each time you make a bet, you acknowledge that you act freely and with full knowledge, and that you take into account your personal skill and experience.
We will under no circumstances be liable, even in the event of negligence on our part, for loss or damage suffered by you and attributable to the following:
| a. |
acts or omissions of third parties that could never be considered our mandataries; |
| b. |
errors, omissions, or inaccuracies in respect of data or information furnished to us by you, or your failure to update your personal information; |
| c. |
delay, error, interruption, or failure to fulfil any of our obligations towards you for reasons beyond our control (in particular, a technical failure or problem, or incomplete or inaccurate information concerning your Webphonebet Account); |
| d. |
delayed access to or posting of information concerning your Webphonebet Account, race results, or winnings, or the inaccuracy of such information caused by a communication system failure beyond our control; |
| e. |
an involuntary or accidental exit from our Webphonebet internet site; |
| f. |
your failure to fulfill any of your obligations under the Agreement, or to comply with instructions we may give you from time to time in respect of Webphonebet Services. |
12. INDEMNITY
You agree to indemnify Webphonebet and its managers, officers, employees, and agents for any claim liability, loss, or damage resulting from your failure to comply with the Agreement. Except for claims, costs, or obligations resulting from our own negligence, you shall hold us harmless from any claims, costs, or obligations we may become subject to as a result of your access to services or your violation of the Agreement.
13. CONFIDENTIALITY
To protect you and your information, Webphonebet shall disclose no information concerning your Webphonebet Account or betting activities to any person unless required to do so by law or under court order.
14. PROHIBITED USES
You shall not
| a. |
access or use services for illegal, fraudulent, or defamatory purposes; |
| b. |
take measures or perform acts that undermine or could undermine the security, integrity, efficacy, use, or connectivity of Webphonebet Services; |
| c. |
use any procedure, device, or technology for batch wagering; |
| d. |
use Webphonebet Services, directly or indirectly, to record bets for other individuals or groups of individuals; |
| e. |
use the bet cancellation services of Webphonebet Services to manipulate or alter pool behaviour or bet integrity; |
| f. |
perform any act or use Webphonebet Services in any manner that could affect, directly or indirectly, their reliability, integrity, or functionality; |
| g. |
falsify, manipulate, or reproduce information, texts, sound, photographs, images, videos, or software, and in general, any data included or furnished by or through Webphonebet Services; |
| h. |
use or exploit Webphonebet Services commercially in any way. |
15. CHANGES TO SERVICES
Webphonebet reserves the right, at any time and at its complete discretion, to change or interrupt Webphonebet Services temporarily or permanently and in whole or in part, and to change the information or data contained on the Web pages, without informing you in advance and without any additional liability for Webphonebet.
The Agreement shall continue to apply to all changes to Webphonebet Services.
16. GOVERNING LAW
This Agreement and the Webphonebet site shall be governed by and interpreted exclusively in accordance with the relevant laws of the province of Quebec and of Canada, without the application of conflict of laws rules. All disputes and claims arising from the use of Webphonebet Services shall lie within the exclusive jurisdiction of the courts of the province of Quebec, which you recognize and accept for the purpose of final settlement of all lawsuits, actions, and proceedings resulting from the use of Webphonebet Services.
17. WARRANTIES
Webphonebet Services are supplied and accessible according to availability. Webphonebet does not warrant that
| a. |
the quality of services and information obtained from Webphonebet will meet your expectations; |
| b. |
Webphonebet Services will be offered continuously and without error; |
| c. |
the results obtained using Webphonebet Services will be accurate or reliable. |
18. TRADEMARKS
Webphonebet and the Webphonebet logo are registered trademarks and the property of Attractions Hippiques Montréal L.L.P. Neither trademark shall be used or broadcast in any way.
19. LINKS AND SOFTWARE
Links to or from other Web sites are provided for reference purposes only. Webphonebet does not verify or control and assumes no liability for external sites, or the data, products, or services offered there. You follow links to and download software from other sites at your own risk and peril, and Webphonebet shall in no way be liable for damages or difficulties caused thereby. A licensing agreement generally governs the use of such software.
Webphonebet shall in no way be liable for any damage, including loss of data, caused to your computer by the downloading of data or software.
20. VOLUNTARY EXCLUSION
Webphonebet considers that horse race gambling is and should remain a recreational activity. Therefore, Webphonebet offers a self-exclusion service for those who have a compulsive gambling problem or are simply worried they may abuse our services. If you wish to avail yourself of this service, simply complete and sign the voluntary self-exclusion form and send us the original by mail to Centre Webphonebet. The service is confidential and free.
If you join the self-exclusion program, your name, postal address, and information will be recorded in our data bank to ensure that your self-exclusion is respected.
Self-exclusion is irrevocable and permanent. Webphonebet assumes no liability if you violate your voluntary self-exclusion undertaking.
You may also contact Jeu : aide et référence at 1-800-461-0140 (www.info-reference.qc.ca) to obtain information on help available in every region of Quebec for pathological gamblers.
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