These terms and conditions cover the use of the pari-mutuel wagering account established by you with us for Account Wagering and for Telephone/Internet account betting in respect to our automated telephone account pari-mutuel wagering system and/or the Account Devices located on track or at Woodbine Entertainment Group Teletheatre, or B.C. area Teletheatre locations (the "Account.") Such use is subject to and conditional upon compliance by you with these terms and conditions and the provisions of sections 76 – 84 of the Canadian Pari-Mutuel Agency’s ("CPMA") Pari-Mutuel Betting Supervision Regulations. By completing and returning the Account application you agree to accept and be bound by these terms and conditions.
For purposes of this Agreement, "you" and "your" means the Account holder named in the Account application; and "we", "us" and "our" means Woodbine Entertainment Group and/or HorsePlayer Interactive.
1. QUALIFYING FOR A WAGERING ACCOUNT:
In order to qualify for an Account, you confirm that you are a person 18 (19 in B.C.) years or older, who either: (i) resides in our Home Marketing Area, as established from time to time by the CPMA, or (ii) is a resident of the Northwest, Yukon or Nunavut Territories
2. ACCOUNT HOLDER RESPONSIBILITIES:
You agree to use The Account in accordance with the instructions and conditions in this Agreement, or as otherwise communicated to you from time to time by us.
You authorize us to accept, and you agree to be responsible for, all instructions sent to us, including to our totalisator system (the "Woodbine Entertainment Group Tote"), by such means as are made available by us, when accompanied by your Account Number and personal identification number (PIN) and password (Password) (collectively, your "ID Codes.")
The Account is for your personal use only. Any wagers placed by a person other than you is strictly prohibited and will result in the immediate termination of your Account. You are legally responsible for all wagering placed through your Account using your ID Codes, whether by you or any other person with or without your knowledge or consent, until notification has been received by HorsePlayer Interactive confirming cancellation of your Account, or that the confidentiality of your ID Codes has been compromised. You bear full responsibility for maintaining the confidentiality of your Account, including your ID Codes and must do so.
Use of the HPIBET.com is for use of placing bets only, in accordance with the terms of this agreement. Woodbine Entertainment Group is not responsible for any equipment not within its control. The risk of a technical corruption of the account holders wager is on the account holder.
3. DEPOSITS AND WITHDRAWALS:
A deposit of money to your Account can be made by you. Deposits can be made by mailing to, or presenting in person, at the HorsePlayer Centre, cash, debit card, money order, certified or uncertified cheque along with a deposit slip bearing your account number. In the case of uncertified cheques, your Account will only be credited with funds after our bank has cleared those funds. The cheque clearing process will take 15 business days on average.
We will permit credit card-cash advances made by you to be credited to your Account in person at the HorsePlayer Centre. Pre-registereded credit cards will enable you to make deposits over the telephone. No direct credit card pari-mutuel wagering is permitted. Please see your User Guide for further detail.
Withdrawals from your Account can be made by you in person, with valid photo identification and a signed withdrawal slip, during regular operating hours at HorsePlayer Centre. A withdrawal request may also be made in writing including your account number and signature, by mail or fax, when submitted to the HorsePlayer Centre, in which case we will honour such request with 48 hours of our receipt, via regular mail to the address on file or for pickup with valid photo identification at the HorsePlayer Centre.
You will not be permitted, under any circumstances, to establish a negative balance or overdraft in your Account. (Mutuels may not be able to cash vouchers over $1,000 at Woodbine Entertainment Group Teletheatres, or over 4800 at B.C. area Teletheatre locations.)
4. CONVERSION OF FOREIGN CURRENCIES:
Funds may be deposited in Canadian or US funds. US funds will be converted to Canadian funds, at the then current daily conversion rate. All other currencies besides US will be converted to Canadian currency. We will use the prescribed exchange rate as set by The Bank of Canada at the time the conversation is affected and the deposit is made.
5. ACCOUNT BALANCES DO NOT EARN INTEREST:
Moneys on deposit in your Account will not bear any interest to you.
6. WAGER CANCELLATIONS:
To cancel a wager placed through the telephone or HIPIbet.com please call HorsePlayer Interactive representative at 416-675-8826 or 888-675-8886. Every effort will be made to process cancellations prior to post time; however, we can not guarantee cancellations close to post time. Please allow sufficient time when calling to wager cancellations.
7. RECORDS AND CLAIMS:
Account Statements will be provided upon written or personal request.
Any claims by you that your Account balance is incorrect must be made in writing, by fax or mail, or through an electronic request, to the HorsePlayer Centre within fifteen (15) business days of receipt of an Account Statement.
8. ACCOUNTS MAY BE CLOSED BY US:
We reserve the sole and exclusive right to close your Account for any reason whatsoever, by returning the balance of any funds in your Account to you together with a closing Account Statement.
9. OFFER TO WAGER TERMS AND CONDITIONS:
All offers to wager made by us to you, are made subject to this Agreement, including without limitation, the following specific terms and conditions:
i. all Account information, including your ID code, entered on the System being correct;
ii. the wager placed being a minimum amount of $2.00 in Canadian funds and a form of wager which is offered on the relevant race ($1.00 will be the minimum amount allowed in the cases of Pick 3, Win 4, Daily Double and Superfecta wagering);
iii. sufficient funds to place the wager being available in your Account;
iv. the notice of acceptance of the offer to wager being received at the Woodbine Entertainment Group Tote;
v. the Woodbine Entertainment Group Tote not having closed its pari-mutuel pool for wagering on the race in respect of which the wager is placed, at the time notice of acceptance of the offer to wager is received at the Woodbine Entertainment Group Tote.
10. RECORDING OF WAGERS:
You hereby consent to the recording of all Account transactions and c alls by us and the CPMA’s monitoring of the said transactions and calls. The CPMA can be contacted respecting any regulatory concerns to your account by calling toll free at 1-800-268-8835.
11. LIMITATION OF LIABILITY:
EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE OEPRATION OF THE HORSEPLAYER INTERACTIVE WAGERING ACCOUNT, INCLUDING YOUR ABILITY TO EFFECTIVELY WAGER VIA THE HORSEPLAYER INTERACTIVE SYSTEM WITHOUT ANY WAY LIMITING THE FOREGOING, ALL IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. You acknowledge that you have read this paragraph, agree that it has been specifically NEGOTIATED and agree that this paragraph is an integral part of the terms and conditions of your agreement with us, for certainty, in no event shall we be liable to you for any losses or damages incurred by you or any other party resulting from your establishment or use of the horseplayer interactive wagering account, except that resulting from our gross negligence or fraud, and including without limitation ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY LOSS OF PROFITS. IN NO EVENT SHALL OUR LIABILILTY FOR ANY CLAIM EXCEED THE COST OF YOUR WAGER AND YOU AND WE AGERE THAT SUCH AMOUNT IS A GENUINE PREESTIMATE OF ANY LOSS OR DAMAGE WHICH MAY BE INCURRED, ARISING FROM ANY CAUSE WHATSOEVER.
You agree to indemnify and hold harmless us and our directors, officers, employees and agents, from all claims, liabilities, losses or damages whatsoever incurred, arising from or by reason of your failure to comply with this Agreement.
13. ACCOUNT PURCHASE TERMS & CONDITIONS:
You understand and agree that all program information acquired is for your personal use. All program information acquired is provided for use in an online or hardcopy print environment. You agree that you will not download program information acquired with the intent to database it for future use. Woodbine Entertainment Group at it sole discretion, will determine if user activity patterns indicate that information is being used for purposes other than handicapping in an online or hardcopy print environment. If Woodbine Entertainment Group determines that program information is being used for purposes other than handicapping in an online or hardcopy print environment, Woodbine Entertainment Group will close any accounts.
Refund policy for Past Performance program sales. In the event that a track cancels its racing any time before the 6th race running, a refund for the full purchase price of the canceled card will be granted. Refunds will be applied directly to your HPI wagering account by the next business day after the cancellation date. All purchase refunds will be credited back as a single cash deposit directly into your HPI account.
Your purchase of the HPI Past Performance program(s) indicates your acceptance of these Terms and Conditions of use as stated above. All charges to your account by shall be denominated in Canadian currency.
14. RIGHT TO CHANGE TERMS AND CONDITIONS:
We reserve the right to make changes to this Agreement and any of the terms and conditions hereof at our sole discretion at any time and from time to time, with any such changes taking effect immediately upon notice to you of the relevant changes.