Our policies

Terms and conditions

Please take the necessary time to read our Terms and Conditions.

Terms and Conditions

These Terms and Conditions apply to and are binding if you access  the website hongkong2win.com.au and you elect to participate and enable or receive services from the HongKong2Win Pty Ltd  A.C.N. 640 065 238 (HK2Win). These terms and conditions revoke and replace any Terms and Conditions that have previously appeared on hongkong2win.com.au.                                                

  1. Acceptance

(a)   HK2Win operates solely to place bets on horses racing and competing on racetracks in Hong Kong as a Betting Intermediary. (HK Racing) You have elected to invest monies with HK2Win to participate in a trade fund/ syndicate they have formed to engage in betting on HK Racing through their enterprise. By Participating You acknowledge and agree HK2Win makes all the wagering/betting decisions without consultation, engagement, or recourse from you in respect of wagers it makes on HK Racing. HK2Win is not a regulatory authority or licensing body.

(b)   Our Website contains various registration forms that relate to the Services that we provide. If you wish for us to provide you with our Services, you must prepare and submit to us an application (Registration).

(c)   By submitting to us an Registration you are agreeing to be bound by these Terms and you acknowledge that these Terms form a binding contractual relationship between you and HK2Win (Agreement).

Your registration is confirmation of your agreement and authority for HK2Win to charge its fee for the provision of the service and for the management of your participation in the service (HK Fee). The HK Fee is expressed as a percentage of the expected net return. The HK Fee charged and the expected net return are as detailed on https://hongkong2win.com.au/trading-strategy/ Hk2Win expressly reserves the right to alter or vary the HK Fee at the commencement of any new Player participation period (Refer clause 3.1e).

(d)   For the avoidance of doubt, you agree to be bound by this Agreement if you:

   (i)   complete and submit to us an application, whether through our Website or otherwise, for us to provide our Services;

   (ii)   instruct us (either orally or in writing) to commence providing Services;

   (iii)   pay to us any amounts of money ; or

   (iv)   you otherwise indicate to us through your conduct and actions that you have accepted the terms of this Agreement. 

  1. In these Terms and Conditions

Account/s means the unique identification player account that has been assigned to you by HK2Win as a result of your Participation;

Agreement means these Terms and Conditions;

 

Betting Intermediary means a person or company who provides a service designed to facilitate the making of bets on behalf of individual Player/s who form part of a any specific trade fund/syndicate;

HK2Win refers to Hongkong2win Pty Ltd A.C.N. 640 065 238, a company registered in Australia under the Corporations Act 2001 (Cth);

hongkong2win.com.au website refers to
www.hongkong2win.com.au;

Hong Kong Jockey Club refers to the Hong Kong Jockey Club which operates local horse racing in Hong Kong at racecourses including but not limited to Sha Tin and Happy Valley;

Charge-back means when your bank, or any other third-party payments solution provider effects a reversal of charges in relation to your third-party deposit transaction;

Closed Player Account means an Account that has been closed, by either us or you;

Dormant Account means an Account that has been inactive for a period of six (6) months or more;

Dormant Player means a Player who has a Dormant Account;

Participate and/or Participation means, without limitation visiting hongkong2win.com.au website or app, providing us with funds, and/or the placing any wagers by us, or utilising hongkong2win.com.au in any manner whatsoever;

Player/s means a real Player and/or a Dormant Player and/or a Closed Player Account;

Player/s Participation Right/s means the rights that are assigned by HK2Win to you as an individual real Player, in any specific trade fund/syndicate that is operated by HK2Win;

The Service/s means the interface that enables HK2Win to transact on behalf of each of any trade fund/syndicate Player/s using the Internet and/or via the telephone;

We/us/our means the operators of HK2Win and/or its group companies;

Your Jurisdiction means the jurisdiction in which you are domiciled, reside or work; 

  1. Your Participation

3.1 Participation

(a)   Participation at HK2Win is at your sole option, discretion and risk.

(b)   Hongkong2win Pty Ltd A.C.N. 640 065 238 trading as hongkong2win.com.au provides Betting Intermediary services on races conducted locally by the Hong Kong Jockey Club.

(c)   You are solely responsible for ascertaining whether it is legal in Your Jurisdiction to participate at HK2Win. You may only Participate at HK2Win if it is legal for you to do so within Your Jurisdiction. You acknowledge and agree we do not warrant the legality of your Participation at HK2Win in terms of the laws of Your Jurisdiction. Your acceptance of these terms is a specific direction to us you are eligible to participate in Your Jurisdiction.

(d)   In addition to the provisions of 3.1 above, you may only Participate at HK2Win if you have attained the legal age of majority within Your Jurisdiction, and you are at least 18 years of age.

(e)   The Assignment of an individual Player/s Participation Right/s only occurs once cleared funds have been received and identified by HK2Win as funds that have come from an individual Player/s. These rights once assigned entitle a Player to Participate in a specified trade fund/syndicate operated by HK2Win. Each relevant trade fund/syndicate will operate for a period of approximately forty-six (46) weeks (one full HK racing season). Player Participation Rights cease at the end/completion of each trade fund/syndicate. HK2Win may it is sole discretion elect to shorten or lengthen the Player participation period.

(f)   In accordance with Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth), acceptable identification must be received within 7 business days of opening your Account and prior to any other transaction against your Account. Should we not receive such identification within this period, your Account shall be suspended pending receipt of such identification.

(g)   HK2Win, may make use of electronic verification methods provided by third parties. You hereby authorise us, and our designated agents, as and when required, to confirm your identity and your right and capacity to wager.

(h)   Where you are required to send legible and certified copies of identification, you must send identification to the value of 100 points as per the table below:

100 POINTS OF IDENTIFICATION

Points

Document Type

70 points

Passport, Birth Certificate or Citizenship Certificate.

Note: only one item can be used from this category.

40 points

Your name, photograph and signature on:

  • Driver’s Licence, Public Service Identification Card; Social Security Identification Card; Tertiary Student Identification Card.

35 points

Your name and address verified by:

  • Current or recent employer; Security Document; Mortgage; Land or Council Rates; Land Title Records.

25 points

Your name on:

  • Medicare Card; Mastercard; VISA Card.

25 points

Your name and address verified from:

  • Electoral Roll; Landlord; Public Utility Records or Driver’s Licence that does not have a photo.

25 points

Your name and address from:

  • Trade or Professional Membership Records; Educational Records.

25 points

Your name, address and phone number verified from the latest copy of the directory plus phone contact on that number.

(i)   Where you have used a credit card on your Account, HK2Win must receive a legible copy of both sides of the credit card. This copy may be used towards your 100 points of identification.

(j)   You may only have one (1) single Account with HK2Win unless you have prior written authority from HK2Win to operate more than one account. 

3.2 Your Warranties

(a)   You warrant and represent, and we enter into this Agreement based on such representations and warranties, all of which are material at the time of your entering into the Agreement and throughout the currency hereof, that you:

   (i)   Are legally able to participate at HK2Win within Your Jurisdiction;

   (ii)   Are an “adult”, having attained the age of majority within Your Jurisdiction;

   (iii)   Are at least 18 years of age;

   (iv)   Have furnished us with personal details that are valid, accurate, and complete in each and every respect and that you shall advise us immediately via e-mail should such details change;

   (v)   Are the true and lawful owner of the monies that are wagered by us at HK2Win and/or that you are duly and properly authorised to utilize such monies for the aforementioned purposes;

   (vi)   Shall not deposit any monies at HK2Win that are derived in any manner whatsoever from illegal activities;

   (vii)   Have read and understood these Terms and Conditions.

3.3 Refusal to Register, Deregistration, Exclusion & Suspension

(a)   We may refuse to register you as a Player or elect to deregister and exclude you or suspend you as a Player from HK2Win at any time if we deem that your participation at HK2Win is, shall be or has been previously, in anyway fraudulent, illegal or that your participation is or has been abusive, irregular or improper at our discretion.

(b)   You acknowledge hereby that HK2Win is not obliged to give you prior notice of its decision to refuse, deregister or exclude or suspend you, nor to furnish you with any reasons for such decision.

3.4 Consequences of Deregistration, Exclusion or Suspension

(a)   If we deregister or exclude or suspend you from HK2Win we have the right to:

   (i)   Withhold payment to you of any contested funds whether such contested funds are deposits, payouts or the like; and/or

   (ii)   Solely determine what criteria you shall have to meet in order to re-activate any suspended account or establish a new Account at HK2Win; and/or

   (iii)   In the case of fraudulent, illegal or similar misconduct by you or failure by you to pay any sums due to us:

      (A)   You agree we can furnish any relevant information about you to an intra-group database recording such activity and, if necessary, hand over your Account details to a collection agency for the recovery of any sums that you owe us. You hereby irrevocably authorise us to do so in our absolute discretion; and/or

      (B)   Have forfeited to us, any contested funds that may be derived by you from fraudulent, illegal or similar misconduct.

3.5 Dormant Accounts

(a)   Hk2Win may in it’s discretion apply an Account Management fee of AU$100.00 per month to any Dormant Account and is hereby authorised by you to debit the account for that fee. 

3.6 Nature of Your Account

Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with us and in turn assigned to your Account shall not attract any interest.

3.7 Money Laundering

(a)   Certain jurisdictions may impose an obligation upon us to report you/make notification to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of HK2Win to facilitate criminal activity.

(b)   If we have knowledge, suspicion, envisage or anticipate any such conduct , we may:

   (i)   Immediately suspend, deregister or terminate your Account at HK2Win; and/or

   (ii)   At our sole discretion, not refund to you any funds held in such Account; and/or

   (iii)   Furnish any relevant information about you to an intra-group database recording such activity. You hereby irrevocably authorise us to do so in our absolute discretion.

(c)   We reserve the right to report you to the federal or local authorities should we, in our absolute discretion, determine that we are obligated, by law, to do so.

(d)   In order to assist in the prevention of money laundering no cash shall be accepted to fund any Account at HK2Win.

  1. The Service

(a)   The Service is provided “as is”. We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the website and/or app.

(b)   We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in wagering activities, means or ways not intended by us.

(c)   We cannot guarantee that the Service will never be faulty, but we will correct reported faults as soon as we reasonably can. If a fault occurs, you should report the fault by e-mail or in writing to us.

(d)   Although we shall take all reasonable measures to ensure that the website and/or app, and any files originating from us are free from viruses, we cannot and do not guarantee that any files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.

(e)   We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after temporary suspension.

  1. Shared Environments

We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts at HK2Win where such Accounts originate from environments where computers are, or the environment, is shared.

  1. Intellectual Property

(a)   For the purposes of this Agreement intellectual property (Intellectual Property) means all intellectual and industrial property rights and interests throughout the world, whether registered or unregistered, including without limitation trade marks, designs, copyright and analogous rights, confidential information, know-how and all other intellectual property rights as defined in Article 2 of the convention establishing the World Intellectual Property Organisation of 14 July 1967 as amended from time to time.

(b)   You acknowledge that we own or use under license all Intellectual Property rights in our Website and any content and material available on our Website. Nothing in this Agreement is to be construed as assigning or otherwise transferring to you any Intellectual Property rights in any such content and materials.

  1. Limitation of Liability & Warranty

7.1 Limitation of liability

(a)   You acknowledge and agree that our maximum liability to you arising out of the performance or non-performance of our Services, whether under the law of contract, tort or otherwise, shall be limited to the cost of rectifying or resupplying the Services provided to you.

(b)   You acknowledge and agree that we shall be released by you from all liability under this Agreement, whether under the law of contract, tort or otherwise, at the expiration of six months from the completion of the Services and you (and any persons claiming through or under you) shall not be entitled to commence any action or claim whatsoever against us (or any employee of HK2Win) in respect of the Services after that date.

7.2 Warranty

(a) You acknowledge that we do not give any warranty regarding the performance or non-performance of our Services, except to the extent, if any, required by law or specifically provided for in this Agreement. If apart from this clause any warranty would be implied whether by law, custom or otherwise, that warranty is to the full extent permitted by law, hereby excluded.

(b) Nothing in this Agreement shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying, the application of any warranty or guarantee in relation to the supply of any goods or services which by law cannot be excluded, restricted or modified.

7.3 Survival

The provisions of this clause 7 survive the termination of this Agreement.

  1. Indemnity

(a)   You indemnify us against all liability, loss, damage, costs and expenses, suffered or incurred by us, arising from or incurred in connection with:

   (i)   your breach of this Agreement;

   (ii)   the infringement of any third party rights resulting from the use by us of any information, documentation or materials that you have provided to us;

   (iii)   any act of fraud or wilful misconduct made by you or made on your behalf;

   (iv)   your omission of any information relevant to our provision of the Services;

   (v)   the provision by you of information that is false, misleading, incorrect, inaccurate or otherwise untrue in any particular;

   (vi)   our reliance at your instruction on any Third Party Services; and

   (vii)   the delivery of our Services to you in accordance with this Agreement.

(b)   The indemnity provided in clause (8a) will be proportionately reduced to the extent that any damage, cost, expense or loss suffered was contributed to by our direct actions.

  1. Term and Termination

9.1 Term

(a)   This Agreement will commence upon our acceptance of an Registration that you have submitted to us requesting Services and will terminate upon our delivery of the Services.

(b)   We may terminate this Agreement at any time where you either have, or we reasonably suspect you will:

   (i)   intentionally provided false, misleading or incomplete information; or

   (ii)   engaged in any conduct that is unlawful or illegitimate, or that is in breach of any regulatory or licensing requirements.

(c)   Either party may terminate this Agreement with immediate effect where the other party has committed a breach of the Agreement that is not capable of remedy, or where the breach is capable of remedy and it has not been remedied by the party in breach for a period of seven (7) days from the date on which it received notification of the breach.

(d)   Where this Agreement is terminated on the basis of 1(b) you acknowledge and agree that:

   (i)   you are not entitled to a refund of any Fees paid to us; and

   (ii)  if you have not already paid to us our Fees (or any other amounts to which we are rightfully entitled under this Agreement), you remain liable to us for the payment of such amounts, and must make payment of those amounts on demand.

  1. Confidentiality

(a)   Each Party will treat as confidential and will not disclose, unless disclosure is required by law:

   (i)   the terms of this Agreement and any contract formed pursuant to these Terms; and

   (ii)   information generated for the performance of any contract arising from these Terms.

(b)   Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of confidential information of other party in accordance with this clause (although this does not apply to the disclosure of any confidential information reasonably required to be disclosed for the purposes of the delivery of our Services).

  1. Notices

Any notices given under or in connection with this Agreement:

(a)   must be in legible writing and in English;

(b) must be:

   (i)   sent by email to the designated email address of the relevant party; or

   (ii)   delivered to the designated physical address of the relevant party.

(c)   will be deemed to be received by the addressee:

   (i)   if delivered by hand, at the time of delivery;

   (ii)   if sent by post, on the third business day after the day on which it is posted, the first business day being the day of posting; or

   (iii)   if sent by email, at the time that would be the time of receipt under the Electronic Transactions Act 1999 (Cth).

12. Standard Provisions

12.1 Assignment

(a)   You cannot assign, novate or otherwise transfer any of your rights or obligations under this document without our prior written consent.

(b)   You acknowledge that we may at any time assign or otherwise deal with our rights under this Agreement or any interest created by this Agreement as we determine and without notice to you.

12.2 Force Majeure Event

(a)   A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by any event beyond the control of the relevant party (Force Majeure Event), provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.

(b)   Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party’s performance for more than 30 consecutive days, the other party may immediately terminate this Agreement by written notice.

12.3 Goods and Services Tax

(a)   Unless otherwise expressly stated, all amounts stated to be payable under this document are exclusive of goods and services tax (GST). If GST is imposed on any supply made under or in accordance with this document, then the GST payable must be paid to the supplier as an additional amount by the recipient of the supply, provided the supplier provides a tax invoice in respect of the taxable supply.

(b)   If a party is entitled to be reimbursed or receive compensation for any of its costs, expenses or liabilities then the amount to be paid is to be reduced by the input tax credits to which that party is entitled to receive in relation to those amounts.

12.4 Privacy

(a)   We collect your information for the purposes of performing our obligations under this Agreement.  You acknowledge and agree that we may disclose your information to our related companies, to reporting and licensing authorities and agencies and other third parties as part of provision of our Services. 

(b)   You may gain access to your personal information by writing to us and requesting such access.

  1. General Matters

(a)   These Terms may only be varied by a further written agreement signed by or on behalf of each of the parties.

(b)   This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect.

(c)   Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which remain in force.

(d)   Time is of the essence in respect of each party’s obligations under this Agreement

(e)   The non-exercise of or delay in exercising a right of a party will not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by written notice signed by the party to be bound by the waiver.

(f)   This Agreement is governed by the law in force in the state of Queensland, Australia (Jurisdiction) and each party submits to the non-exclusive jurisdiction of the courts of the Jurisdiction in relation to any proceedings that may be brought at any time relating to this Agreement. Each party irrevocably waives any objection to proceedings being commenced in the Jurisdiction.

These Terms and Conditions were last updated 21 September 2021.

HONGKONG2WIN PTY LTD A.C.N 640 065 238

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Postal Address: PO Box 323, Samford QLD 4520

Business Hours: 9am to 5pm AEST (UTC/GMT+10 hours)