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Terms & Conditions

Terms & Conditions


1. DEFINITION


a.       In the following agreement the words and/or phrases contained will (unless otherwise required by the context) have their meanings laid out next to them:


Consideration refers to the consideration to be shown towards the company with regard to the services offered and the buying of a ticket (including the cost of the ticket and more).


Operator refers to the particular lottery games and their draws, and the authorized third party organizer of the lottery in charge of the management of the said games and their draws.


Services refer to the services offered by the company which include buying, handling and storing of lottery tickets, and the collection of any potential winnings as offered by the official website.


Ticket refers to a lottery ticket bought by the company on behalf of a user on the website.


User refers to any individual who has a valid user account on the website.


User account refers to an authorized personal account that has been opened by an individual on the official website, for their own personal use of the services on offer.


Our/Us/We refer to the company, related subsidiaries, directors, employees, affiliates, officers, contractors, representatives and agents, as well as any individual acting as a company representative.


Website refers to any online platform owned, hosted and/or operated by the company, as well as related content and/or software utilized to access the said website.


Winnings refer to the prize related to a winning ticket which is solely determined by the aforementioned Operator.


Your/you refer to the User.


 


b.      The prelude and definitions of this Agreement will be a part of the company’s stated Terms and Conditions and make up a material as well as substantial part of the agreement.


2. THE SERVICES


a.       The company offers a messenger service that permits the buying, handling and storage of Tickets. It also allows for the collection of any potential winnings. It should be noted that despite the services offered, the company does not retain any ownership rights to the Tickets and they entirely belong to you. It should be noted that the company will at times take part in buying Tickets and thus have a stake in those Tickets (including any related winnings from the aforementioned Tickets and more). Such instances will be applicable in situations where the Company offers to buy the Tickets in syndication and/or a group as referred to on this agreement in Section 7.


 


b.      The Company does not provide any kind of lottery/gambling related goods/products and the Tickets available represent tickets bought with the aim of taking part in official lotteries managed and organized by Operators and not us.


 


c.       WE ARE NOT CONNECTED OR SPONSORED BY ANY OPERATOR AND ANY REFERRALS TO ANY PARTICULAR OPERATOR ON THE SITE IS ONLY MEANT FOR THE PROVISION OF INFORMATION AND DOES NOT PROVE THE EXISTENCE OF A RELATIONSHIP BETWEEN US AND ANY OPERATOR.


3. USE OF SERVICES


a.       You only have permission to use the Services if you are 18 years old or over (or any other higher legal age minimum that presides in your jurisdiction with relation to the Services) and your participation is legal in nature according to the laws of the region you reside in. You warrant that your use of the Services does not go against any laws or regulations of any jurisdiction that you are currently present/residing in at the time of your use. If such laws/regulations stand to be violated, then you shall not use the Services. We do not guarantee or exhibit any representations in any form whatsoever that individuals using our platform do so legally and will not be held responsible for any illegal use of Our Services and/or website by you.


The fact that Our Services and/or website is available to You does not in any way represent a form of invitation by Us to use/access the aforementioned Services and/or website. The responsibility of complying with all applicable laws in your residential region (including registration and participation) with regard to Our Services lies solely with you. It is up to you to confirm that you are permitted to participate in any of the lotteries available through Our Services (including receiving any related winnings) and acknowledge that the verification of the aforementioned information is not our responsibility. Therefore, our buying of Tickets on Your behalf does not insinuate that we acknowledge that you are allowed to participate in any lottery related activities. You accordingly waive any right and/or argument that may suggest otherwise.


You realize and accept the fact that we are not able to offer you any legal services (including advice and/or assurances) and only you are responsible for complying with any applicable legislation within your jurisdiction. It should also be noted that Our Services will not be availed in Israel or in respect of any relatable interstate activity within the USA.


 


b.      You acknowledge that you do not view the Services offered and the website as objectionable, indecent, offensive or unfair in any manner whatsoever.


 


c.       Company officers, employees and directors (including Company service providers), as well as their family members, subsidiaries, affiliates and any individual directly or indirectly connected to the computer and/or security systems engaged by the Company, as well as anyone involved in the management of the Website and thereof establishment, including but not limited to insurers, fulfillment agencies, promotion, legal advisors, advertising, web suppliers and web masters and their family members are not allowed to take part in any Website related activities (including using its Services and more).


 


d.      In order to avoid any doubt, it is a point of clarification that any individual not allowed to use the Company’s Services, including any individual who represents/substitutes such a person is not able to claim any Winnings and the Company holds the right to deactivate their User Account and seize any money/funds (including their Winnings and more) contained within that aforementioned User Account.


4. ACCOUNT REGISTRATION AND OPERATION


a.       To be able to use any of the Services and/or buy the Tickets, You will have to open/register a User Account with the Company.


 


b.      In order to open a User Account You will have to offer up information with supporting documentation regarding your name (first and last), physical address, and contacts (valid email address and phone number). The Company holds the right to request for additional information and/or documentation regarding said details should we deem it necessary at any point in time. Failure to comply with such a request (or meet the allocated deadline) can lead to the suspension and/or termination of Your User Account. Any funds contained in a User Account that has been terminated for the above stated reason will be forfeited by the User of that account.


 


c.       Opening a User Account automatically means/represents, acknowledges, warrants that:


1)      The information submitted by the User during Your registration is true and accurate, and that any change in detail(s) will be immediately updated by you henceforth.


2)      You can only open one User Account with the Company that will strictly be for your own personal use and not represent any third party.


3)      Any money/funds deposited into Your User Account will not collect any interest and/or linkage differentials nor be insured by a government agency.


4)      You are 18 years old and over (or any other higher minimum legal age as stated in your jurisdiction that allows the use of the Services offered) and you are capable of being responsible for your own actions and are of sound mind.


5)      You will offer your full cooperation to the Company including but not limited to the provision of any requested document in an honest, full and complete manner.


6)      You have verified the fact that using Our Services (including the Company buying Tickets on Your behalf) does not in any way go against any related legislation set in a jurisdiction applicable to you.


7)      You are responsible for any tax related duties (including but not limited to the recording, accounting and payment of any relevant financial obligations to the relevant authorities) with regard to the use of Our Services and Website (including levies/taxes related to Your Winnings and more). However, you acknowledge and agree to the fact that the Company will also meet its own tax obligations and related fees/expenses with regard to the buying of Your Tickets, collection and withdrawal of your winnings and related activities connected to Your User Account and that this may involve the withholding of a part of your funds.


8)      You will maintain a show of good faith towards us and other users when using Our Services.


9)      The Company under its sole discretion may open/close and/or maintain Your User Account as we deem fit. We may also seize, withhold and/or reclaim all/part of the money/funds available in Your User Account as well as any Winnings proffered/paid to your account and/or that you may be entitled to. Such or any other related decisions by the Company with regard to Our Services, the Tickets and/or winnings are final and not open to any dispute and/or appeal actions.


10)  You shall be solely responsible for keeping the details of Your User Account private (including but not limited to Your log in details) and for any/all activity that occurs in relation to Your User Account done by any individual who accesses Your User Account using Your log in details, and acknowledge that the Company will view said activity as actions that have been done by the User.


11)  You alone shall be responsible for any unauthorized access/use of Your User Account.


12)  Any suspicion of attempted or unauthorized use of Your User Account shall be immediately reported to the Company by You.


13)  Any payments made by you to the Company in relation to Our Services (including but not limited to the buying of Tickets) will not be denied, reversed and/or charged back by you. Any cost/losses/damages incurred by the Company as a result of such actions will be promptly reimbursed by you in addition to any other debts owed to the Company by You.


14)  We shall be indemnified by You from any claims, losses, expenses, liabilities, damages and/or costs (including but not limited to legal fees) related to any breach of this Agreement committed by You, as well as any additional liabilities resulting from the use of Our Services by You, or any unauthorized third party use of Our Services via Your User Account.


 


d.      The Company holds the right to inform any and all relevant authorities including but not limited to banks, electronic payment providers and credit card companies, online service providers and any other affiliated financial institutions and related authorities/entities of Your personal identifiable information as provided by You as well as any suspected illegal, fraudulent and/or improper activity related to You and/or Your User Account in which case you will offer your full cooperation to the Company in the investigation of such activities. In order to buy a Ticket or use any of Our Services, You will have to provide the Company with details related to payment methods and/or the transfer of funds into Your User Account via any of the specified mediums/methods that have been stated by the Company. Any funds transferred into Your User Account will only be deposited once the Company has actually received said funds. Minimal and maximum limits may be set by the Company with regard to the transferring of funds into and out of Your User Account. These limits will be dependent on your history in relation to the Company, chosen deposit/withdrawal method, as well as any other related factors that will solely be determined by the Company. Debiting of Your User Account and/or your chosen method of payment will be undertaken by the Company from the time you request the Company to buy a Ticket on your behalf to the time the request is carried out.


 


e.       Any request for the Company to buy a Ticket on behalf of the User is subjected to the availability of sufficient funds in their User Account to meet the Consideration and/or the provision of a valid method of payment that allows for the payment of said Consideration. If the money/funds available in Your User Account is not adequate to meet the Consideration payment or the chosen method of payment by the User prohibits the payment of said Consideration, either at the time that the User places a purchase request for a Ticket or when Your User Account and/or chosen method of payment is debited by the Company due to whatever reason (including but not limited to any/all charge backs and/or withdrawal activities as well as any limits that have been set by the User), or any period of time in between the stated activities, the Company will refrain from acting on Your purchase request, whether the said request was registered by the Company or not. Such action is also applicable in cases where changes occur with regard to the Consideration needed by the Company in order to buy a Ticket, regardless of whether the said changed occurred after you had already placed a request for the Company to buy a Ticket on Your behalf and/or the said request was registered by the Company. The Company is also not obligated to notify the User of any such change and it is up to the User alone to ensure that there are adequate funds in their User Account to meet the Consideration payment and that the chosen method of payment allows for the payment of said Consideration. The User indemnifies/releases and holds the Company harmless with regard to any damages, costs, claims, losses, liabilities and expenses that may arise from a failure to buy the Tickets as a result of inadequate funds (partly or wholly) in Your User Account or an inability for the chosen method of payment to be debited (wholly or partly). The User needs to verify that their request for the purchase of a Ticket has been met by accessing Your User Account and going through your available Tickets.


 


5. BONUS POLICY


a.       All special offers, promotions and bonuses are subjected to the particular terms and conditions that have been set for them and must be followed in accordance to those terms and conditions for you to be eligible to receive the promotions and bonuses.


 


b.      The company holds the right to rescind any promotion, special offer or bonus at any time it deems fit. Should the Company believe that you are guilty of abusing (or attempting to abuse) a particular promotion or bonus, or suspect that you are able to benefit via abusing the promotion(s) on offer or through the lack of a show of good faith then We at Our sole discretion may withdraw, deny or withhold the promotion/bonus in question as well as rescind the policies in relation to You, either permanently or until further notice. The Company also holds the right to wholly terminate and/or restrict your ability to access Our Services and goods/products without being obliged to compensate you any amount of money (including but not limited to any winnings that you might have made from said bonuses/promotions/special offers).


 


c.       The Company holds the right to restrain any Users that have registered, logged in or deposited funds in a particular jurisdiction from taking part or qualifying for any/all bonuses and promotions at Our sole discretion.


 


d.      The provisions made in this section 5 apply to all the types of benefits, bonuses and promotions that are granted to the User in excess of the actual deposits that have been made.


 


e.       Any bonus/promotion that is received by a User has to be used within a period of 30 days from when it was received. Once the period of 30 days has expired we will rescind any remainder (in its entirety or in part) of the bonus/promotion that has not been used and the User will not be owed any part of the bonus/promotion that has been withdrawn.


 


f.       Welcome bonus:


                                i.            Once you have registered and used the Services for the first time, you will be given the opportunity to participate with a group of other players in a lottery draw for free. (referred to as the “Welcome bonus”)


                              ii.            The Welcome Bonus is only eligible to Users who have given their valid personal details during registration.


                            iii.            The particular lottery draw that the User will be entered into with regard to the Welcome Bonus will remain at the sole discretion of the Company. The Company is also not obligated to offer the Welcome Bonus  to You in the form of a lottery draw in which you received the said Welcome Bonus or any other particular lottery draw in relation to which the User used the Services.


                            iv.            Each User will only be offered one Welcome Bonus when they first use the Services.


                              v.            The Welcome Bonus is only eligible to Users who have not had a previous account with the Company before.


                            vi.            The Company holds the final decision on any matter regarding the Welcome Bonus and its awarding to Users which cannot be subjected to any form of review or appeal process by the User or any representative third party.


                          vii.            Should the Company deem that you have acted in bad faith with regard to the bonus or have attempted to abuse the offer, you will be excluded from the offer and lose your eligibility for the Welcome Bonus. This ineligibility will be determined by the Company and result in the User having the bonus (and any related wins) revoked or kept from them even after the Welcome Bonus has been awarded.


                        viii.            The User who has received the Welcome Bonus will be the only one responsible for the payment of any related taxes connected to the bonus that has been received.


                            ix.            We hold the right to change or cancel any part of the terms and conditions (included but not limited to its suspension) with regard to this offer as well as any promotion at any time that the Company deems fit without prior notification.


 


g.      Tell a Friend Bonus


                                i.            Every time an individual whom you have previously provided contact details to the Company for registers and pays for our available Services, You will be afforded the opportunity to take part in a lottery draw with a group of other players (referred to as the “Tell a Friend Bonus”).


                              ii.            You will only be eligible for the Tell a Friend Bonus if the individual whose details you have provided to the Company successfully registers an account with us and uses the services within a span of 30 days from the time that you provided their contact details (including name and email) to the Company.


                            iii.            You will not be eligible for the Tell a Friend Bonus if the individual whose details you have delivered or anyone within their household currently has or previously had an account with us.


                            iv.            You are only allowed to provide contact details of individuals that you are friends with and not people or third parties that you are unfamiliar with, including people whose contacting by the Company (or their representatives) could be deemed as spamming.


                              v.            The particular lottery that you will be eligible for with regard to the Tell a Friend Bonus will remain at the sole discretion of the Company.


                            vi.            No limit has been set on the amount of times that a User is able to enjoy the Tell a Friend Bonus.


                          vii.            The Company retains the final say on any matter regarding the Tell a Friend Bonus and its awarding and Our decisions will not be subjected to any form of review by You or a third party representative.


                        viii.            Should the Company deem that you have acted in a show of bad faith with regard to this offer and/or has attempted to abuse the offer (including but not limited to an attempted/actual breach of the related terms and conditions), Your eligibility for this offer shall be revoked and You will no longer be able to qualify for the Tell a Friend Bonus. This ineligibility will be determined by the Company and result in any winnings that have been gained from the said bonus being revoked and/or withheld even if the bonus has already been awarded to the User.


                            ix.            The responsibility of paying any taxes related to the Tell a Friend Bonus shall lie solely with the User who has received the bonus.


                              x.            The Company holds the right to change the terms and conditions (in whole or in part) of this and other promotions at any point that they deem necessary without any prior notification to the parties concerned.


6. PARTICIPATION WITH OTHER USERS


a.       The Company with regard to particular lotteries may offer you the chance to take part in the buying of Tickets together with other users in respect of pre-determined programs that have been provided by Us (the ‘Programs’). The User who is a participant in the Program will be eligible to a part of the Winnings related to the Tickets that have been bought with regard to that Program (subject to all the provisions that are related to this Agreement) according to the participant’s share in that particular Program, and also in accordance to the fee owed to the Company for setting up and managing the Program (the ‘Ratio’).


 


b.      Users who choose to take part in a Program will be requested to state the share of the said program that they wish to buy (in accordance with the limits that have been set in the Program). Any remainder of shares of that Program that have not been purchased will allow the Company at its sole discretion to:


                                i.            Buy the remaining shares of that Program on behalf of the Company.


                              ii.            Decline to buy any Tickets in relation to that Program.


The Company is not obliged to inform you of any of the two aforementioned actions and the sole responsibility of verifying that the Tickets to be bought in connection with a Program have actually been purchased lies with you. The provisions of this particular section in no way derogates from the provisions that have been made in sections 4.7 and 4.8.


c.       It is hereby officially clarified that any of the numbers that are to be used in relation to the Program can change upon the sole discretion of the Company. Thus the numbers shown are solely for the purpose of illustration and can be changed before and in between draws. You hold no right whatsoever to the numbers that have thus been shown.


 


d.      In no way derogating from the any of the existing provisions of the Agreement, it is also clarified that all of the Tickets bought in relation to any of the Programs are jointly owned by all of the Players taking part in that particular program, and none of the Users who are taking part in that Program are entitled to more than their portion according to the Ratio with regard to the Winnings.


 


e.       In situations where the participating Tickets in a Program have been provided to the Users by the Company for free, the Winnings for any of those Tickets will be shared amongst the Users according to the Ratio only when the Winnings connected to those Tickets have passed the amount of EUR 5, 000 (Five thousand Euros). In cases where the total of such winnings are equal to or below the stated amount (Five thousand Euros) then those Winnings will solely belong to the Company.


 


7. PURCHASE OF TICKETS


a.       Once Your request to buy a Ticket (either as part of a subscription or on its own) has been recorded by us, the Company will (in accordance to the provisions laid out in this Agreement) buy the Ticket according to your request. In cases where your purchase request involves buying a Ticket as part of a particular program, the provisions in section 7 will be applicable as well as any other provisions related to this Agreement.


 


b.      If possible, the Company will permit the User to request the availability of options with regard to particular characteristics of the Ticket (such as a choice in the numbers picked in relation to that Ticket’s involvement in a lottery draw) in accordance to the availability of such a choice as provided by us.


 


c.       The Company hereby officially clarifies that the Consideration is higher than the amount paid for the Ticket and you officially acknowledge that the disparity between the cost of the Ticket and the Consideration constitutes a fair compensation for us with regard to the Services offered to the User. The User thus hereby waives any right/argument in relation to the difference between the Ticket cost and the Consideration, including but not limited to its fairness and the appropriateness of the said difference.


 


d.      Purchase requests that have been made for Ticket(s) cannot be canceled by the User even if the Company has not yet bought the Ticket(s). Thus all requests made by you to the Company for the purchase of Tickets are final, non-refundable and cannot be terminated.


 


e.       Once the Ticket has been bought, it will be kept by the Company. A copy of the Ticket will be scanned and delivered to the User through their email or availed to them via their User Account. The Company hereby clarifies that having your request to buy a Ticket recorded does not constitute the actual buying of the Ticket (and the confirmation of a purchase only occurs once a copy of the scanned ticket has been sent to Your email or User Account), and the Company will not be held responsible in relation to any request where a Ticket was not bought (or the Ticket that was bought was purchased with different characteristics than what was requested for – including situations where the User’s chosen characteristics were displayed on the website) including but not limited to circumstances where such a situation was as a result of human and/or technical error(s) including failures. The responsibility of confirming that a Ticket was bought in accordance to your request (including but not limited to the specified characteristics) lies solely with you.


 


f.       In no way derogating from the provisions afforded in section 8.5, it is clarified that all purchase requests for a Ticket will need to be placed at least 24 hours before the allocated time for the lottery draw/game in accordance to the time the purchase request was made by the User (the 24 Hours Period) where the lottery game/draw takes place and/or performed during or next to a national or bank holiday, or any other day officially considered as a non-business day, and will also include the period of the aforementioned times (holidays and non-business days) in the jurisdiction where the Ticket connected to the lottery is bought, then the 24 Hours Period will start 24 hours before the start of said holidays or non-business days. We are not obliged to buy any Ticket in cases where the purchase request was made during the 24 Hours Period. In no way derogating from the above statements, the Company is within its right to buy a Ticket if the request to buy it was made during the 24 Hours Period, but is not obliged in any way to do so. If a Ticket was not bought as a result of the fact that the purchase request was submitted during the 24 Hours Period, We will buy a similar (as much as possible) Ticket for the following lottery game/draw.


 


g.      In no way derogating from any existing provisions of this Agreement, instances where a Ticket was not bought may allow the Company to provide the User with a different Service (at our sole discretion) in a bid to secure their enjoyment from participating in the lottery. This will be done through the provision of a product equivalent to the Ticket, to the User that will ensure that they are able to receive benefits exactly similar to what might have been enjoyed had the Ticket been purchased. This Service will be managed at the sole discretion of the Company in order to relieve any doubt in select instances. It is clarified that the Consideration that would have been owed had a purchase been made will match the consideration of the provision of such a Service.


 


h.      Any participation in the lottery draw (through the purchase of a Ticket) is subjected to, and is in with accordance to the terms and conditions of this Agreement, the terms and conditions under which the lottery takes place via the Operator, including any/all related laws and rules.


8. RESULTS OF DRAWS AND WINNINGS


a.       The results of the lottery game/draw will be availed on the Website as published by the Operator once the Operator has released the results. In order to avoid any doubt, the Winnings connected to each Ticket will be determined by the final results as published by the Operator with regard to the lottery draw. In cases where the results availed on the Website are different from the results published by the Operator, the Operator’s results will be the sole determinant of the Winnings connected to each Ticket.


 


b.      Once the results of the lottery draw have been published by the Operator, the Company will then review if any participating Ticket is entitled to any Winnings. Once the review has been carried out, the Company will then inform any of the Players who are entitled to the Winnings of that particular lottery draw. Users will only be notified of such through their User Account. In order to avoid any doubt, it is clarified that any entitlement to the Winnings will be determined solely at the discretion of the Operator, and the Company will hold no liability to the User with regard to any error (including but not limited to human and technical errors) connected to notifications (or the absence of) regarding Winnings delivered to the User via the Company, including but not limited to errors made in determining the Winnings entitled to a Player (whether the Player was notified wrongly/mistakenly regarding their entitlement to Winnings and/or the Player did not receive a notification (wrongly or mistakenly) regarding Winnings they are entitled to (including but limited to situations where such an error resulted in the Player receiving a lesser amount than they would have been entitled to had such an error not been made, or the Player received no amount of the Winnings entitled to them) and/or the specification of said Winnings. It is also clarified that the responsibility of reviewing the official results as availed by the Operator, the determination of any Winnings that you might be entitled to, and notifying the Company of such lies solely with the Player.


 


c.       Once the Player has determined the Winnings they are entitled to and proceeded to notify the Company of the same, we will collect the owed Winnings from the Operator on their behalf. You will hereby provide us (and our representatives) with an irrevocable power of attorney for the purpose of this collection on your behalf, in order for the Company to take any action as well as take charge of the execution of any document (including agreement) in relation to the collection of said Winnings. In no way derogating from the above statement, the User acknowledges that some cases may require the Player to personally collect the Winnings from the Operator in their jurisdiction (or elsewhere) as determined by the Operator, or require the Player to perform another act in person, and in such cases the User hereby absolves the Company of any obligation and/or responsibility with regard to the collection of Winnings, and the responsibility for the collection of said Winnings is transferred to the User (including but not limited to any costs and/or expenses related to the collection of such Winnings).


 


d.      The User acknowledges and accepts that should the possibility of collecting the Winnings in a lump sum instead of in instalments be available in any lottery, the Winnings will be collected in a lump sum even when the said choice involves a reduction in the amount of Winnings owed as a result of (and not limited to) fees, taxes and penalties as well as the rules and terms and conditions contained within that lottery game/draw.


 


e.       The ratio of Winnings that will be received by the Player in their User Account will be decided by the Operator, and the User will not hold any entitlement with regard to the receiving of any amount above what the Operator pays minus any fees, commissions and handling charges owed to the Company. In cases where the Winnings involved are connected to the User’s participation in a Program, the Player will only receive their particular stake in said Winnings. The balance in a Player’s User Account will only be updated once (and according to) the payment of Winnings has been made by the Operator. The player thus acknowledges that for this purpose duties, taxes and levies owed may be withheld or subtracted from the Winnings, either by the Company or Operator. In no way derogating from the above, the Player will also be responsible for paying any levies, taxes and fees owed by them in relation to the collection and receiving of their Winnings.


 


f.       Should a Player be awarded Winnings they are not entitled to or receive more than the amount of Winnings owed to them as a result of errors, the Player will not be entitled to the said Winnings. The User shall alert the Company of the error immediately and repay any Winnings erroneously credited to their account to us (according to the directions of the Company). The Company may alternatively decide at its sole discretion to deduct the amount owed from the Player’s User Account or set off the amount against any money that the Player may be entitled to from the Company.


 


g.      The User hereby acknowledges and accepts that their personal information (and any related details) will be given to the Operator if required, and that this requirement may be a pre-set condition for any User aiming to collect their Winnings.


 


h.      A 10% commission will be charged by the Company in cases where the Winnings from any particular Program or Ticket amount to USD 1, 000, 000 (one million US dollars).


9. INACTIVE ACCOUNTS


a.       If a Player does not access their User Account for a period of 180 consecutive days, the said account will be deemed as inactive after the stated period of time has elapsed.


 


b.      Once a Player’s User Account has been deemed as inactive, we will hold an entitlement to charge the User an administrative fee equal to 10% of the amount in their inactive User Account. This fee will continually be levied every 30 days following the initial deduction. Should You access Your User Account after the stated period of 180 days, the Company (in accordance to the provisions of section 8.1 in this agreement) will stop charging the aforementioned administrative fee, but we shall not be obliged to compensate the Player for any fees that had already been deducted from their User Account.


10. CASHOUTS


a.       The acceptance of a cashout request is subjected to a number of factors, including security reviews, transaction and withdrawal limitations as well as any restrictions that might affect the concerned deposit method (and also any other terms stated in this agreement). As such it should be noted that the least amount that can be withdrawn by a Player is EUR 25 (Twenty-five Euros) or its equivalent when dealing with another currency. The method in which these cashouts will be deposited will be at the sole discretion of the Company and include (but not limited to) cheques, wire and alternative methods. The Company will try to accommodate any request in this matter as made by you according to your preferences when possible.


b.      The Company holds the right to deduct, report and/or withhold any amount in Your User Account if such action is rendered applicable by law.


 


c.       Payments will be deposited as quickly as possible although it should be noted that delays may occur as a result of security reviews conducted by the Company and in cases where such withholding is deemed applicable with regard to this Agreement.


 


d.      A Player may withdraw funds from their User Account in either Euros or US Dollars depending on their preference. In circumstances where the funds might be held in a different currency from the ones stated, they will be converted into Euros or US Dollars by the Company (depending on what you prefer) according to the valid exchange rates as stated by the Royal Bank of Scotland. Any fees/costs related to this conversion will be deducted from the funds that have been cashed out.


 


e.       Though the Company does not charge any commission on cashouts, expenses may be incurred by the User in the form of fees, costs and/or commissions charged by third parties in relation to the cashout (including but not limited to commission and/or conversion fees) which will be deducted from the amount being cashed out.


 


f.       The Company is entitled to withhold any payments to a User should they believe or suspect (upon Our sole discretion) that you have engaged or continue to engage in fraudulent, improper or illegal activities, or if we have concerns with regard to the operation of the Player’s User Account and/or the cashout request proffered. In such an instance, the Company may begin and/or involve themselves in and/or offer assistance towards the investigation of such a matter (including but not limited to disclosing any relevant information in your regard personal or otherwise to a third party), and the User agrees to help and provide their full cooperation in these investigations.


11. FRAUDULENT ACTIVITIES


a.       If We at Our sole discretion find that a User has cheated and/or tried to defraud us or another Player (or you are suspected of such an action), including but not limited to manipulating the portal and/or payment fraud, or if We suspect a Player of fraudulent actions, including but not limited to using stolen means of payment, chargebacks, and/or payment reversals, or of any activity that is either prohibited and/or illegal (including but not limited to the laundering of money) or if a User fails to honor their payments and/or deposits for whatever reason, the Company maintains the right to hold back any Winnings and/or cashouts, seize and/or appropriate all/any funds in the User Account as well as apply any available methods to the Company for the recovery of bad debts, and suspend or close the User Account in question. To avoid any doubt, we hereby clarify that none of the content within this Agreement will prevent us from using any other available solution to it with regard to any matter connected to this Agreement.


12. INTELLECTUAL PROPERTY RIGHTS


a.       All rights, including intellectual property rights (including but not limited to, patents, logos, know how, copyrights, trade names, trademarks and service marks) with regard to the Website, and all related content (including but not limited to files, animations, text, software and programs, music and other audio, pictures, photographs and images, videos and graphics) and/or related services collectively, the Rights are and will remain the exclusive and sole property of the Company. You are not permitted to use any of the Rights without prior express approval from the Company in written form, except in accordance with this Agreement, and You will not be able to acquire rights with regard to any of the Rights through the use of Our Services and/or Website or acquire any rights to the Rights through such actions. In no way derogating from the above statement, the User is strictly forbidden from:


                                i.            Publishing, disassembling, copying, reverse engineering, redistributing, decompiling, attempted access to the Website source code, modification, translation and attempted access to content within the Website in a bid to access works from the source code.


                              ii.            Sublicensing, distribution, selling, licensing, assigning and/or transferring of Website content.


                            iii.            Availing the Website and/or related Services (or any part thereof) to a third party.


 


b.      In no way derogating from the generalization of the aforementioned statement, we hereby clarify that SplashLotto and SplashLotto are trademarks belonging to the Company and their use or use of similar logos/signs/marks is strictly forbidden and such actions violate the rights of the Company.


 


c.       Use of the Website, related content and Services is meant for personal and non-commercial use alone. Alternative use is strictly forbidden and the perpetrator will be solely liable for any costs, expenses and/or damages that result or are related to the commission of such use.


13. LIMITATION OF LIABILITY


a.       The Company shall hold no liability in contract, negligence, tort or otherwise with regard to any damages or loss whatsoever as a result of or in connection with You using the Website and/or Services as well as the availing of Services, directly or indirectly, incidentally, special or consequential, including but not limited to damage as a result of loss of business, profit, Winnings or revenue as well as an interruption of business, loss of business related information and/or data, (even in cases where you have notified us of the potential of such losses and/or damage). We shall make commercially reasonable attempts to avoid any malfunction with regard to Website related activities. However, should a technical failure be experienced in relation to the operation of the Website and/or the computer system, force majeure, or human error, the Company retains the right to cancel your ability to use the services in relation to the particular malfunction that has taken place. In such cases, the Company’s only responsibility and/or liability is solely limited to the Consideration You paid in relation to the buying of the particular ticket for the particular lottery draw.


 


b.      In addition to the aforementioned statement, we hereby clarify that the Company is not responsible for any interruptions, errors, deletion, omissions, defects, operation and/or transmission delays, failure in communication lines, theft, destruction or unauthorized access to information/data and/or its altercation as well as losses experienced directly or indirectly as a result of these occurrences. The Company holds no responsibility for any complications/problems and/or technical malfunctioning of telephone networks/lines, servers and/or providers, systems, computer hardware/software and computers, traffic congestion and emails on the internet and/or any Website.


 


c.       The Company reserves the right to cancel, modify, suspend, or stop the Services if for whatever reason the said services cannot be operated as planned, including but not limited to computer virus infections, unauthorized tampering and/or intervention, bugs, fraudulent activity, technical failures and any other occurrences that are beyond Our control.


 


d.      The Company makes no representations with regard to the availability, suitability, accuracy, reliability and timeliness of the Services, information and software contained and/or availed on Our Website in relation to any purpose. All Services, information and software is offered as is with no warranty whatsoever. The Company hereby disclaims any warranties with regard to Services, information and software retained within or availed on the Website, whether implied or express. Whatever the case, the Company holds no liability with regard to any loss/damage that occurred due to any kind of reliance on the information or any kind of publication/content available on the Website.


 


e.       The Company also holds no responsibility or liability to the User with regard to errors in the system or in relation to communications, bugs and/or viruses that have infected or are related to the Services and/or Your User Account or anything that will result in the damaging of Your hardware/software and/or data. The Company also holds no  liability for any damages incurred by You (or on Your behalf) as a result of attempting to use the Services and/or Website in any way whatsoever  not intended by Us.


f.       The Company is not responsible or liable for any omissions and/or actions of an internet service provider or any third party that provides the User with access to the Services and/or Website.


 


g.      Using the Website and Services is done at your own risk. And the Company holds no responsibility for any loss or damage that you may suffer as a result of the termination, modifications, suspension, enhancement, and/or discontinuation of any Services provided or the Website in general. We will hold no responsibility for any loss or damage that you may incur in relation to your reliance on or use of the content of any Website in which links are present on the Website. Any Services, links, information, information and resources from a third party that we may provide via the Website is not under our control. We also offer no warranties in relation to the aforementioned services, information and resources from third party sources and hold no liability for your reliance and/or use of these services, information, and resources from third parties.


 


h.      The Company shall be indemnified and be held harmless against any indirect and direct claims, losses, liabilities, expenses and costs that may be incurred as a result of a breach of contract on your part. The Company holds the right to deduct and/or withhold any sums due to the Company as a result of the aforementioned indemnification obligation in relation to Your User Account.


 


i.        The Company shall not be held liable for any delay and/or failure to meet any obligations with regard to this Agreement (in its entirety or partly) including but not limited to the buying of the Tickets, the fulfillment with regard to the choices you picked in relation to the Ticket’s characteristics, preference in relation to the manner the Winnings are collected, the collection of any Winnings as well as any prerequisites from any third part with regard to collecting the Winnings and/or payments and tax obligations. In no way derogating any previous content, the Company shall not be held liable to You in relation to any subject that concerns the Winnings, including but not limited to:


                                   I.            Any action or omission on our part that may result in you receiving a lesser amount of money than the intended Winnings, or no money at all.


                                II.            Any situation that may result in the Operator cancelling your right to the Winnings for any reason whatsoever, and You hereby waive your right to any argument and/or claim to this matter.


 


j.        THE SERVICES PROVIDED, WEBSITE AND RELATED CONTENT AND ANY SOFTWARE UTILIZED IN RELATION TO THE AFOREMENTIONED ARE PROVIDED AS IS, AND THE COMPANY GAURANTEES NO WARRANTY AND/OR REPRESENTATION, WHETHER IMPLIED OR EXPRESS (BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES THAT MAY HAVE BEEN IMPLIED AND CONDITIONS OF MERCHANTABILITY, QAULITY IN RELATION TO SATISFACTION, FITNESS IN RELATION TO A SPECIFIC PURPOSE, WHOLENESS  OR ACCURACY, NON INFRINGEMENT OF ANY APPLICABLE LAWS AND/OR RIGHTS BELONGING TO THIRD PARTIES, RULES AND REGULATIONS (INCLUDING BUT NOT LIMITED TO ANY RULES THAT HAVE BEEN SET BY THE OPERATOR), OR THAT THE SERVICES, THE WEBSITE AND RELATED CONTENT AS WELL AS ANY SOFTWARE USED WITH REGARD TO THE AFOREMENTIONED WILL NOT BE INTERRUPTED, AND IT WILL BE FREE OF ERRORS, SECURE OR TIMELY, OR THAT ANY DEFECTS WILL UNDERGO CORRECTION OR WILL BE VIRUS AND/OR BUG FREE, OR WITH REGARD TO RESULTS OR THE PRECISION OF ANY OF THE INFORMATION PROVIDED VIA THE WEBSITE AND/OR SERVICES.


14. COMPLAINTS


a.       Any disputes, complaints and/or claims in relation to the Website and/or connected Services must be submitted to the Company in writing as soon as it is reasonably possible following the event that took place and gave birth to the complaint, dispute or claim. You are able to submit any complaints via email using the address support@SplashLotto.com, or using Our Contact Us Page describing your particular complaint/claim in as much detail as possible.


15. MISCELLANEOUS


a.       The Company holds the right to decline to register and offer a User Account to an individual or terminate any User Account at its sole discretion.


 


b.      The Company holds the rights to modify, change, discontinue, amend and/or remove at its sole discretion any of the Services provided with immediate effect as they deem necessary. The Company shall hold no liability for any resultant losses from such action suffered by you and you will have no claims against the Company in such regard.


 


c.       We may transfer or assign this Agreement (in its entirety or partly) at our sole discretion to any third party without first notifying you. In no way derogating from the above statement, the Website and/or any related Services may have their operations managed by third parties. You are not entitled to pledge, transfer or assign any of your rights and/or obligations in any matter whatsoever with regard to this Agreement.


 


d.      The User understands that electronic communications from us will be delivered to you via the Website and/or Your email address. All such communications will be delivered in writing and shall be considered as received by you after 24 hours have elapsed from the post of the notice via the Website or Your email address.


 


e.       This Agreement constitutes the whole agreement between you and the Company with regard to the subject matter hereof and supplants any/all agreements between you and the Company in prior existence connected to the aforementioned subject matter. You hereby confirm that your acceptance of this Agreement does not involve any reliance on any representation made by the Company. Any consent, representation, undertaking and/or promise whether verbal or in written form that is not a part of this Agreement is invalidated


 


f.       Failure to enforce any of the rights and/or remedies connected to this Agreement on the part of the Company shall not be viewed as a waiver of those rights and/or remedies with regard to the future and/or other exercises.


 


g.      United Kingdom laws shall govern this Agreement and will be construed in such accordance. The User offers their irrevocable submission to the exclusive jurisdiction of the United Kingdom courts with regard to any dispute settlements and/or any other issue emerging from and/or related to this Agreement and its enforcement.


 


h.      Should any section of this Agreement be found invalid, unenforceable or illegal by a court whose jurisdiction is competent in relation to the Agreement, then that particular section shall be removed from the Agreement and the remaining sections of the Agreement shall be treated as if the questionable section was excluded and will be enforceable with regard to its terms, provided that should such an event occur then the Agreement shall be viewed in a manner as to give effect to the largest extent compatible with and enforceable by applicable law, with regard to the intended meaning of the part that has been excluded as determined by a court of applicable jurisdiction.


 


i.        The User acknowledges that their failure to conform to this Agreement could lead to the disqualification, termination and/or suspension of their User Account, loss of any funds and/or potential legal action by the Company against You.


 


j.        We are entitled to change this Agreement at any time with immediate effect and post the changes online via the Website at the Company’s absolute discretion without having to provide any prior notification. The sole responsibility of reviewing this Agreement and any related amendments before using the Website lies with you. Your use of the Website and/or Services following the application of such aforementioned amendments shall be deemed as a representation of your awareness and acceptance of that and any other amendment within the Agreement. If you are not willing to accept any of the amendments on this agreement, then the only option available to you is the termination of this Agreement on your part.


 


k.      This Agreement was prepared in the English language. Should any discrepancies between the meaning of any other translated version of the Agreement and that of the English version arise, the meaning as construed in the English language shall take precedence over any other.


 


l.        The Company holds the right to offset any amount owed by you to the Company against any positive balance within Your User Account.


 


m.    The Company is entitled to decline or set limitations on any activities and/or requests by/from You via Your User Account.


 


n.      Unless stated explicitly in this Agreement, nothing contained in the Agreement will:


                                i.            Be viewed as the creation of any joint venture, arrangement, trust of fiduciary relationship or similar alternatives, agency or partnership between you and the Company.


                              ii.            Create or bestow any rights, benefits or entitlement to a third party


                            iii.            Grant any form of security interest to you with regard to any asset of the Company, including but not limited to any amount contained within Your User Account.


This Agreement is engineered by and between One World Corporation L.P., (the “Company”), address 44 Main Street, Douglas, South Lanarkshire, ML11 0Qw, Scotland, and the client physical or legal person (the “Client”).


Governing Law and Exclusive Courts – This Agreement will be governed in accordance with the laws of the United Kingdom without any regard to its choice of law principles. Thus any legal activity/action and/or proceeding with regard to this Agreement shall be irrevocably and exclusively brought before the courts of the United Kingdom.        

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