1GENERAL TERMS AND CONDITIONS
1APPLICABILITY OF TERMS AND CONDITIONS
1These are the General Terms and Conditions which form the basis of the contract between you (the Customer) and us, (the Company). These are the terms under which we offer our sites, services and products, and under which you agree to access and use them.
2We also have other Terms and Policies which form part of these General Terms and Conditions, but which we have provided as separate documents to make it easier to access and understand, and which are below for your reference:
1RESPONSIBLE GAMBLING POLICY:
This Policy includes information about the risks relating to gambling and what you can do to make sure you always stay in control and that gambling stays fun for you. Click here to read our Responsible Gambling Policy.
1BONUS AND PROMOTION TERMS & CONDITIONS:
Where we offer bonuses and promotions, each separate bonus or promotion will have its own set of rules telling you what it is, how it works, and what your rights are. You can find the terms relating to our bonuses and promotions by clicking the relevant link(s) on the appropriate bonus or promotion information page.
1PRODUCT AND GAME RULES:
Our products and games have rules including information on what the game is, how it works, and the rules about stakes, spins, pay-lines, pay-outs and bonus features. You can find the rules relating to any of our products or games by clicking the relevant link(s) in the product and game information sections for that game.
3If there is any inconsistency or a conflict between the General Terms and Conditions and any other Terms or Policy, the General Terms and Conditions will be applied.
4It is your responsibility to make sure that you have read and are familiar with our Terms and Conditions before using any of our sites, products or services.
5Every now and then, we will need to update our General Terms and Conditions. Where we make any changes that could impact your rights or the Terms under which we offer you our sites, products or sites we will do our best to make you aware of them, either by contacting you using the details you have providing us, or via our sites, and you will be required to confirm that you have read and accepted the changes before you can continue to use our sites, products or services.
6If for any reason we do not or cannot confirm your acceptance of the changes, but you continue to use our sites, products or services we will assume that you have accepted the changes.
7Changes will be applied from the time that they have been notified to, and accepted, by you. All activity undertaken before the notification and acceptance of the change will be managed by the terms in place at the time that activity was undertaken.
8If at any time you decide that you do not agree with any our Terms and Conditions you should stop using our sites, services and products and contact us for more information or to close your account with us. If you do continue to use our sites, products and services we are entitled to assume that you have accepted them.
9These Terms and Conditions are effective from 8th October 2018 and replace all previous Terms and Conditions.
1WHO WE ARE
This website is operated by:
GELS N.V. (Company Registration number: 147340) and with its registered office address at: Dr.M.J.Hugenholtzweg /Heelsumstraat, E-commerce Park Vredenberg, Curaçao; and
referred to as the “Company”, “Service or Services”, “we”, “us” and “our”.
We use various sites and channels to deliver our sites, products and services, such as verification and payments providers. You consent to us using the various companies and third-party services identified in these Terms and Conditions.
1LOTTERY MESSENGER (CONCIERGE) SERVICE (NON-BETTING)
We offer a lottery messenger service which allows customers to purchase lottery tickets and play those state (national) and international lotteries, such as the US Powerball, Megamillions, Eurojackpot and Euromillions Draw, where we are able to facilitate a purchase through a local approved agent or affiliate, and where it is legal to do so.
This is not betting, it is playing the lottery directly.
Whilst it is recognised that some countries do allow participation in the lottery at the age of 16, this service is not available to any customer under the age of 18, including UK customers.
For further information please see the Lottery Messenger Rules.
1LOTTERY BETTING (BETTING & GAMBLING)
We offer a licensed and regulated betting service which allows customers to bet on the outcome (the result) of a state (national) and international lottery.
This is not playing the lottery directly, it is betting on the result of the lottery in the same way as a customer might bet on the result of a football match or a horse-race.
This service is only offered to customers who are based in jurisdictions where betting and/or secondary lottery betting is permitted by law, and in accordance with any local products rules and regulations.
GELS N.V. provides betting and gambling products and services under a licence(s) issued by Curacao eGaming Licence No: 1668/JAZ.
Customers who are based in the United Kingdom are not permitted to bet on the UK National Lottery or the Euromillions Draw.
For further information please see the Lottery Betting Rules.
Due to technical issues we do not currently offer our services to customers in the UK.
1YOU AND YOUR RESPONSIBILITIES
10You confirm to us that you are over 18 or meet the legal age for gambling in your country of residence and you understand that it may be an offence for you to participate in gambling if you are under 18 or under the legal age for gambling in your country.
11You understand that by using the Services you may lose money and you accept responsibility for such losses.
12You confirm to us that you have the mental capacity to take responsibility for your own actions and can enter into a legally binding agreement with us.
13You understand that employees of the Company its licensees, distributors, wholesalers, affiliates, and subsidiaries are not allowed to participate in the Service except for the purposes of testing, and as expressly approved by us.
14You accept that it’s your responsibility to ensure compliance with applicable local or national laws before registering with us and/or before dealing with us, and you accept that there may be specific laws in your country, place of residence, or the place from which your bets or wagers are offered to us, which prohibit gambling, or in the case of the Lottery Messenger, prohibit participation in a lottery or other form of gambling.
15You confirm to us that you will not attempt to access or use our sites, products or services from a jurisdiction, state or country that prohibits its citizens from participating in gambling.
16You accept that we do not take any responsibility for your breach of any applicable local or national laws.
17You accept that any propositions or material set out by us does not constitute an offer, solicitation or invitation by us for the use of, or subscription, to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law.
18You accept that we reserve the right, for whatever reason and at any time, to refuse payment of winnings, close your account or suspend access to the Services if you are found to be in violation of the above requirement.
19We also reserve the right to block access to our sites, products or services in full or in part to any jurisdiction, state or territory for any reason, without notice, or as required by legislative and/or regulatory changes.
20You confirm that your interest in the Services is personal and not professional and that you participate solely for your own entertainment.
1OPENING AN ACCOUNT
21You must open a Customer Account with us before you can access and use our Services. (Customer Account" or "Account").
22You must complete the registration process yourself, and make sure that all information provided is accurate and relates only to you.
23Only one Customer Account is allowed per person per product. We reserve the right to close any duplicate, linked or associated Customer Accounts which we identify, and to make void any purchases, or bets or wagers placed through such Customer Accounts.
24If funds are mistakenly credited to your Customer Account, we are entitled to make the appropriate adjustment to it.
25If you use the funds mistakenly credited to place bets or wagers, we reserve the right to void all such bets or wagers and reverse any winnings at our discretion.
26If you withdraw funds mistakenly credited to your Customer Account, you must reimburse us on request and we are entitled to set-off any subsequent amounts you deposit with us to satisfy this liability.
27If you need any assistance in opening a Customer Account, please contact our support team.
1USE OF CUSTOMER ACCOUNT
28When opening a Customer Account, you must choose a username and password that will be used to access your Customer Account.
29Your username and password must be kept secure. You’re responsible for this. Bets and wagers placed by third parties aware of these details will be considered valid.
30It is your responsibility to ensure that all information given to us by you relates to you personally, is accurate and up-to-date and that it remains so and, in the case of transactional information such as deposits or withdrawals, that it reflects your intentions.
31If your personal information such as name, address, or contact details change at any time you must inform us as soon as possible by contacting our support team at: [email protected]
32You must not allow any other person (including, without limitation, any person under the required age for gambling) to use your Customer Account, accept any prize, or participate in the Service under any circumstances.
33If you believe a third party has obtained your username and/or password, you should immediately contact our support team at: [email protected]
1PLAYER VERIFICATION AND DUE DILIGENCE
35When deciding whether to accept your application for a Customer Account, we may supply the information you have given us to authorised third parties to confirm your age, identity and registered payment details. They will check any details we disclose to them against any databases (public or private) to which they have access and will keep a record of that check.
36You agree that we may process, use, record and disclose personal information which you provide when you register for a Customer Account, and that such personal data may be recorded by us or the third parties to whom we have made disclosure to.
37We may need to verify the information you give us when you apply for a Customer Account or attempt to make a deposit. This is to make sure you are 18 or over or meet the legal age for gambling in your country and that you are the owner of any payment method or methods. We also may need to verify the origin of any part of any funds deposited with us. This may apply where we find the use of a payment method that may be available to individuals under the legal age of gambling, or where the origin of funds (where the money came from) is not evident. Any attempt to make a deposit or withdrawal may be blocked until we have successfully completed the verification process.
38We will try and conduct our verification processes electronically where possible, but if we are unable to do so, or if the check is inconclusive, we may have to ask you to provide us with personal documents, and which will need to provide to us within 72 hours of making your first deposit with us.
39You will not be able to withdraw any winnings, or in some cases access and/or use your account until our verification process has been satisfactorily completed.
40If our age verification checks show you to be underage, we’ll close the account and all transactions (win or lose) will be made void and the value of the deposit refunded back to the payment method it came from.
41In addition, we may perform random security checks at any time and you accept that we have the right to request additional information and documentation as required by the terms of our operating licence(s).
42For security purposes, as well as your protection, all contact with our customer support teams may be recorded and monitored.
1DEPOSITS AND WITHDRAWALS
43Any reference to payments to, or withdrawals from, a Customer Account are references to payment to us, and payment by us, made through our payments systems and processes.
44We offer several different methods for making a deposit or a withdrawal from a Customer Account. The player hereby agrees that Kootac Trading Limited, a group company of GELS NV, incorporated in Malta with registration number C 60661 and its registered address at No. 30, Kenilworth, Flat 3, Sir Augustus Bartolo Street, Ta' Xbiex, XBX 1093 Malta is responsible for the Credit Card payment processing.
45Further details of the payment options currently offered (and any charges associated), together with information about deposit and withdrawal limits, processing times, qualifications and processing fees can be found either in the support section of the website, or by contacting our support team at: [email protected]
46You may be able to register several different payment methods on your account at any one time, however, to protect our customers against fraud, and to ensure we meet our regulatory obligations, we reserve the right to request proof of ownership (verification) of any payment method registered with us at any time.
47Except where restrictions on withdrawal apply at any time (such as verification and security checks, funds arising from bonuses and promotions, etc.) you may withdraw funds from your Customer Account at any time.
48You may request the full balance of funds in your Customer Account at any time. Such request will be subject to any relevant security checks and withdrawal rules in place at the time of processing, including, but not limited to, limitations on amount, applicable fees and any product specific winning claim rules such as for lottery Jackpots where any entitlement may be subject to additional verification checks or incremental dividend release.
49Wherever possible, funds withdrawn will be credited back to the origin of the deposit, unless we are prohibited or unable to do so, in which case your withdrawal will be processed using an alternative method. In such cases we reserve the right to conduct further verification checks for security purposes.
50We do not generally charge for deposits, although you should note that some credit card and payment processors may apply charges or categorise gambling transactions as 'cash' and may levy a fixed and/or interest charge from the date of payment.
51Where, in our opinion, you make repeated deposits and withdrawals without proportionate play we reserve the right to pass associated payment processing charges on to you. In such instances we will contact you in advance to give you an opportunity to stop such activity.
52Bank transfers to and from bank accounts (deposits and withdrawals) may attract bank charges, which may vary depending on the amount of money transferred.
53We reserve the right to charge a reasonable commission on any currency exchanges taking place in respect of deposit and withdrawal transactions. Our currency exchange rates are calculated in accordance with a daily rate provided by www.xe.com.
54Please be advised that we are unable to make any payments by cheque, postal order, or similar (this does not apply to any prize distributed by a lottery operator or in the case of lottery betting any Insurer).
55Where we are unable to facilitate a withdrawal using the existing payment methods offered, we may, at our discretion process, do so via international bank wire transfer or similar. In such cases an administration charge (or currency equivalent) may be levied and we will not be liable for any additional administration charges (including but not limited to foreign exchange charges) incurred as a direct result of such payment.
56We do not offer credit accounts.
57We do not allow any transfer of funds between Customer Accounts.
58We keep all player funds in a separate client funds account, independently from all other operating and corporate funds. This is in accordance with the Basic level of protection and as set out on the Gambling Commission’s website: https://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx.
59In the case of insolvency, these funds would not be protected.
60The amount of cleared funds you have available will be held in your Customer Account and displayed when you log in to your account. You consent to us enabling the provision of such information to you on the Website(s).
61You accept that all payments and withdrawals are made through this Customer Account.
62The financial updating of your Customer Account will occur via a reconciliation process between the data on the various products and the actual funds held by us which are credited to your Customer Account.
1ANTI-MONEY LAUNDERING AND OTHER SECURITY CHECKS
63Betting and gambling are subject to laws and regulations relating to money-laundering, terrorist financing and the proceeds of crime. This requires us to undertake compulsory routine checks on all our customers in relation to their financial activity and may result in us having to suspend activity on your Customer Account while the checks are completed.
1DORMANT AND INACTIVE CUSTOMER ACCOUNTS
64If you have not logged into your Customer Account or otherwise contacted us for 12 (twelve) consecutive months, your Customer Account will be deemed to be dormant and suspended for security reasons.
65If you still have a balance greater than 1.00€ we will do our best to contact you using the details we hold for you, and as provided to us by you.
66If we are unable to contact you, your Customer Account will be deemed to be inactive and closed, and any remaining balance removed and retained by us.
67Where your Customer Account has been deemed to be dormant or inactive, you may contact us at any time to request reactivation. Any request will be subject to additional security and verification procedures.
68Suspending and closing an account
69In certain circumstances, we may need to suspend or apply restrictions to your Customer Account, which means that your funds may be temporarily unavailable for you to use or withdraw.
70This may be for any number of reasons, including but not limited to:
71We will try and complete any investigation as soon as practicable in the context of any legal or regulatory obligations that we may have. However, until that is done we may continue the suspension or opt to close the Customer Account at our sole discretion.
72If we suspend a Customer Account or access to the funds in it, we will remove the restrictions if you lodge a complaint and provide us with reasonable proof in relation to our concerns. You must provide such proof to us at the latest within three (3) months from the date of suspension. The procedure for filing a complaint is set out in the section headed Complaints and Disputes below.
73We reserve the right to close a Customer Account at any time at our discretion. We will give you reasonable notice before doing so, unless circumstances dictate that we legally or practically cannot do so.
74You have the right to close a Customer Account at any time, provided that your Account doesn’t show a balance is due to us. You should indicate your intention to us to close a Customer Account by contacting our support team. In this case, you’ll be refunded the available balance on your Customer Account.
75You agree that charging back any deposited funds shall be considered a breach of these Terms and Conditions and entitle us to suspend or close your Customer Account and terminate our relationship with you. In such cases we reserve the right to retain any balance on the account (including in respect of winnings) to offset any chargeback liability.
76If for any reason you lose the right to the funds in your Customer Account (e.g. because of inappropriate or illegal activity) the funds will be dealt with in accordance with applicable laws or regulations.
77When you first deposit with us you will be asked to set a daily, weekly or monthly player deposit limit on your Customer Account. We recommend that you do so to keep track of how much you spend with us.
78You can set a daily, weekly or monthly player deposit limit on your Customer Account at any time if you decide not to do it at first deposit.
79You can also change or remove a deposit limit after it has been applied. For more information see our Responsible Gambling Policy.
80As part of our commitment to responsible gambling, we may, both at the start of, and thereafter for the duration of the relationship, undertake various checks to assure ourselves that a player’s activity with us at any given time, is sufficient and within their financial means.
81Where we feel this is not the case we may, at our discretion, request limitations be applied to the player account and reserve the right to withhold services until the request has been actioned. On rare occasions we may also take the step of requesting that you take a short break from using our sites and services – see Time-Out.
82We will take all reasonable precautions to make sure any limits you set are honoured but we’re not liable to you if you bypass our procedures by deliberate manipulation of our systems and processes.
1TIME-OUT AND SELF-EXCLUSION
83Whilst most Customers enjoy gambling without any problems or issues, for a very small number of people gambling ceases to be fun. For those Customers who wish to restrict their gambling for a time we provide a short-term Time-Out option and a longer-term Self-Exclusion option.
84If you wish to take a short break from gambling, you can choose to apply a Time-Out exclusion on your Account for a period of between one week and six weeks.
85Self-Exclusion is a more formal option where you choose to apply a longer Self-Exclusion period on your Account for any period from six months onwards, including a permanent exclusion.
86During any break or exclusion period, we cannot accept any deposits or bets/wagers or allow you to access our sites, products or services.
87If you choose to self-exclude for a period of six months or more, we will close your Customer Account and return any balance to you and remove you from our mailing lists.
88Once you self-exclude, we cannot reverse this process for any reason (except during any cooling off period) and you may not apply to open a new Customer Account.
89After the expiry of a self-exclusion period you may contact us to request that we re-open your Customer Account, which we may do at our discretion.
90Following such a request, we’ll apply a cooling off period of at least 24 hours, before you once again have access to the Services, during which time you may change your mind and choose to keep the exclusion in place.
91You may apply a player deposit limit or a Time-Out or Self-Exclusion at any time by logging into your Customer Account and going to Account. We will action your request on receipt of the request and where applicable confirm to you by email, on your external email account, when we have put the exclusion in place. We will use all reasonable efforts to ensure compliance with self-exclusion requests.
92Software is available from various organisations to help you with self-exclusion. You may also find more advice and information about responsible gambling and protecting minors and vulnerable people at: http://www.begambleaware.co.uk and http://www.gamcare.org.uk.
93We will do our best to make sure that you cannot access any of our sites, products or services after an exclusion has been applied to your Customer Account, but cannot be held liable to you or any third party if you are able to continue to do so as a result of any deliberate attempt to manipulate or bypass any checks and safeguards implemented by us, or for any marketing material sent to you by a third party, which is beyond our reasonable control.
94You should also note that self-exclusion from the Services does not exclude you from other similar gambling services and sites unrelated to us. We would strongly recommend that you take steps to self-exclude from those also. We’re not responsible if you continue to gamble elsewhere (whether on any other party’s websites or premises).
1National UK Online Self-Exclusion (UK Customers ONLY)
95The UK is due to launch a National Self-Exclusion scheme later this year. Further information on this scheme will be added to our General Terms and Conditions and our Responsible Gambling Policy in due course.
96We suggest that you read our Responsible Gambling Policy every month and seek help or support if you are in any way uncomfortable or concerned with your gambling, and especially if you’ve thought about taking a break at any time.
1PURCHASING TICKETS OR PLACING YOUR BETS OR WAGERS
The term ‘purchase’ or ‘order’ is used in relation to the Lottery Messenger Service.
The term ‘bet’, or ‘wager’ is used in relation to the Lottery Betting Service.
97You may purchase tickets or bet or wager up to the amount deposited in your Customer Account.
98You are obliged to check that the purchase, bet or wager instructions you submit are correct before confirming the purchase, bet or wager. It is your responsibility to make sure any purchase, bet or wager put forward by you reflects your intentions. We do not accept any responsibility or liability for any mistakes you may make.
99When a request to purchase or bet or wager is offered by you, and accepted by us, the corresponding amount is charged against your Customer Account.
100At all times, where there is any disagreement as to the details of any purchase, bet or wager or the outcome of any purchase, bet or wager, our electronic records (which are part of our regulated and audited technical facilities) shall prevail.
1VALID PURCHASES, ORDERS, BETS AND WAGERS
101Any proposition or other information placed by us on any part of the sites, products or services is not an offer but is an invitation to Customers to put forward a purchase, bet or wager transaction for acceptance by us. A purchase, bet or wager is deemed to be valid only after electronic confirmation of acceptance and logged on the relevant gaming server. This acceptance is confirmed with the generation of a Game Identification number, a game outcome or result, or other transaction or play reference.
102You agree that the records of the Company and its third-party providers shall be the authority in deciding the validity and terms of any purchases, or bets or wagers you place and the circumstances in which they were made.
103We reserve the right to refuse all or any part of a purchase, or bet or wager offered to us, void any request to purchase a ticket, prior to any final commitment to purchase, accepted bet or wager and withhold settlement for any reason supporting such refusal voiding or withholding such as (but not only) if we have reason to believe:
104In the case of bets and wagers, we and our Insurers are only required to pay out winnings that have been genuinely won in accordance with these Terms and Conditions.
105All winnings will be credited to your Customer Account.
1MONITORING & INTERACTING
106We take a number of measures to ensure that all of our customers stay safe and within their limits. This includes but is not limited to:
1COMPUTER TRANSMISSIONS AND RANDOM NUMBER GENERATOR SOFTWARE
107You fully accept that the sites, products and services and your interaction with it are dependent on the satisfactory operation of computer systems and networks, including communications media, and that such operation may be subject to disruption which is beyond our control.
108You also accept that all instructions and responses are sent between you and us and/or third parties over the Internet or by other connecting media over which neither you nor we have control and that we do not accept any risk of malfunction or inadequacy in any way of connecting media.
109We'll use all reasonable endeavours to deal with any failure or malfunction of our own systems and to treat Customers fairly in that respect and some of the consequences of such events, such as interrupted play, are dealt with in Product Specific Terms.
110Our records shall be conclusive evidence as to all transactions made with us both in relation to their nature and value.
111Any Client Software supplied to you or downloaded by you to enable or facilitate connection with our Services is regarded as your input software and information delivered by it will be binding on you.
1SECURITY AND PRIVACY
112Security is important to us. In addition to security checks, we'll use all reasonable endeavours to protect the security of our operations and communications between you and us including the use of secure technology to protect the information Customers submit to us.
113We will use all reasonable endeavours to maintain our own systems anti-denial-of-service (DOS) and anti-distributed-denial-of-service (DDOS) protection, anti-virus and other technological means and processes to safeguard access to our systems and the information contained in it against malicious attack.
115You acknowledge that we're allowed to share, or may be required to share, your personal information with our suppliers and providers in the provision of some, or all, of our gaming services and products, with regulators and authorised bodies as required by regulations affecting our operations, and with law enforcement and other appropriate authorities for the purposes of investigating fraud, money laundering or any other unlawful act.
116Fraud, collusion, improper behaviour and unlawful activity
117We may have reason to suspect that you or your Customer Account may have been involved in fraudulent, improper, collusive, misleading, fixing, manipulative, cheating or other unacceptable activity if:
118If we do have any suspicions we shall be entitled to take such action as we deem appropriate, including without limitation:
119We reserve the right to seek the fullest civil and criminal sanctions against any individual involved in fraud and to notify the relevant regulatory or law enforcement authorities where appropriate. We reserve the right to withhold payment to any individual where fraud is alleged or suspected.
120You shall repay and shall be liable to pay us, on demand, all costs, charges or losses sustained, or liabilities incurred by us (including any direct, indirect or consequential losses, any loss of profit and loss of reputation) arising directly or indirectly from your fraudulent, improper, collusive, misleading, fixing, manipulative, cheating or other unacceptable activity.
1BONUSES, PROMOTIONAL OFFERS AND LOYALTY POINTS
122Use of any bonus shall be in accordance with additional Terms and Conditions of the relevant bonus offering or applicable promotional terms and bonus release restrictions contained in the relevant offer or award.
123Promotional offers may have terms attached to them and will only be available in accordance with the applicable terms of such promotion.
124Loyalty points, tokens or similar, may only be earned, used and redeemed as specified within the terms and conditions relating to that loyalty or reward scheme.
125Loyalty points are not transferable and have no cash, or any other intrinsic value, outside of the scheme to which they relate.
126Bonus offers and promotional offers (unless expressed to be generally available) are intended for the addressed recipient or category of persons only and cannot be transferred.
127If you’re not the intended recipient or you’re not part of the intended category, then the offer cannot be accepted by you.
128You accept that it is your responsibility to ensure that any bonus offer or promotion you are interested in is still available, that you are eligible for it, and that you understand any terms and conditions that apply to it prior to accepting or opting-in to that bonus or promotion.
129Where a customer is able to access a bonus offer or promotion for which they were not an intended recipient, we reserve the right to void all bets and wagers made in relation to that bonus or promotion.
130Unless expressly stated otherwise in the applicable terms, bonuses and promotional offers may not be used in combination with any other bonus or promotion scheme. Except as otherwise expressly stated in the offer itself, bonuses and promotional offers are limited to one account per person, family, household address, email address, credit card number and other common environments (internet cafe, university, libraries, etc.).
131We reserve the right to suspend any Customer Account, pending full investigation, it suspects of being a duplicate, linked or associated with any other Customer Account.
132We reserve the right to suspend, pending full investigation, any Customer Account it suspects of having been created for the sole purpose of taking advantage of or abusing a bonus, promotion, loyalty or reward scheme.
133To the extent there is any inconsistency between the General Terms and Conditions and the Terms and Conditions specific to any bonus, promotion, loyalty or reward scheme, the General Terms and Conditions shall prevail.
1PRODUCT SPECIFIC TERMS
1LOTTERY MESSENGER SERVICE (non-betting)
In these Product Specific Terms, the following words and phrases shall have the meaning set out below, unless stated otherwise:
‘Lottery’ means a national or international Lottery Draw which is offered by an approved lottery operator and which customers may purchase a Lottery ticket(s) for via the Messenger Service;
‘Lottery Ticket’ means the physical ticket or tickets purchased by a local agent in accordance with a completed order;
‘Lottery draw’ means the drawing and/or announcement and/or publication of the numbers which will be used to determine the winners by matching the numbers from the draw with the numbers on the lottery ticket’;
‘Order’ means the request to purchase a ticket to play in a specific Lottery where the request includes the details of the draw, the total number of tickets and the numbers chosen per line per ticket(s);
‘Completed order’ means an order for which payment has been made by the customer and received by the Messenger service prior to authorising a local agent to purchase a lottery ticket;
‘Cut-off time’ means the time that we shall stop accepting any further orders for a Lottery draw;
134The Lottery Messenger service allows customer to purchase a lottery ticket and participate in some national and international Lottery Draws.
135Customers who hold an account may complete and submit an online order (an ‘order’) to purchase a lottery ticket to participate in the national and international Lottery draws we support via our Messenger Service.
136Our Messenger Service is supported by a network of local representatives who live in the state or jurisdiction where the Lottery is operated and who act on behalf to buy Lottery Tickets using the official Lottery sales point in accordance with your order.
137The official draw results will be published on our site after the draw and all winning ticket holders will be notified by email.
138Where it is feasible to do so, the winnings will be claimed by the local representative who purchased the ticket and transferred to us for distribution to the customer account of any winning ticket holder.
139Where necessary or appropriate to the claim, we can arrange for the actual winning ticket to be securely delivered to the customer for the purposes of presenting their claim in person to the applicable Lottery operator.
140Customers are solely responsible for ensuring that the meet all of the verification and claim requirements of the Lottery operator, and liable for ensuring that they meet any obligations in relation to taxation or any administrative fees in respect of the claim.
141The Company takes no responsibility or liability for any claim relating to any ticket purchased via our Messenger Service which is rejected or refused in whole or in part by a Lottery operator.
142To complete an order for a certain Lottery Draw, customers must complete an order request by selecting the Lottery Draw they would like to purchase a ticket for, the total number of tickets they would like to buy and their chosen numbers and total lines for each ticket.
143There is no lucky pick option. Customer must select the numbers they would like per ticket per draw.
144Customers should have sufficient funds in their account for the total value of tickets requested in the order.
145The cost per individual ticket for each Lottery Draw is displayed on the site and includes a service and administration fee, in addition to the cost price of the official Lottery ticket (cost per line) as sold by the official Lottery operator.
146On occasion both the price or cost of the official Lottery ticket (cost per line) and our service and administration fee may change. It is the responsibility of the customer to ensure that they check the full cost of the order before submitting their request.
147All request for orders will be calculated and charged in Euro (€), irrespective of the currency of the jurisdiction in which the Lottery Draw takes place e.g. an order for the US Powerball will be calculated and charged in Euro (€), not Dollars ($).
148Upon receipt of your order we will send you a payment confirmation for your order via email. You will then have the opportunity to check that your order has bene submitted correctly and make payment via your customer account with us. In the event that there is a delay for whatever reason between your submission of an order and payment of the order and us receiving the payment, your order will be classed as pending until such time as payment has been confirmed and received.
149The exact time of each Draw is determined by the Lottery Operator and may vary from draw to draw. In order to ensure that we have sufficient time to fulfil all orders each Lottery Draw will have a cut-off time which will be clearly displayed on the website’.
150The timer on the website shows how much time is left before the order cut-off time. We reserve the right to change the cut-off time without prior notice where we become aware of any late changes or errors in relation to the time advertised previously by any Lottery operator.
151Any request for an order submitted at or after the cut-off time will.
152Any order that is received after or has not been confirmed prior to the order cut-off time for whatever reason such as delayed payment, will be automatically carried over to the next draw of the chosen Lottery.
153An order once submitted and paid for may not be cancelled.
154Customers will receive confirmation by email that their order has been successfully processed and a ticket purchased on their behalf.
155Whilst the Company will use best endeavours to ensure that orders are processed correctly, it accepts no liability or responsibility in the event that the ticket purchased by the local agent varies from the details on the order, or any other error beyond our control. In such cases the details of the purchased ticket will prevail.
1LOTTERY (NUMBERS) BETTING
In these Product Specific Terms, the following words and phrases shall have the meaning set out below, unless stated otherwise:
‘Prize Tier’ means the tier or category of prizes for the Underlying Lottery;
‘Winning Bet’ means a bet that has led to Winnings/Prizes;
‘Special Draw’ means a Lottery Draw that does not pay out prizes in accordance with the usual pay-out calculation mechanism for the applicable Underlying Lottery (including so-called ‘spill over’ Lottery Draws, where if there has been no winner of the jackpot in Tier 1 for a certain number of Lottery Draws, the amount of the jackpot in Class I is divided amongst the winners of one or more lower Classes;
‘Underlying Lottery’ means the national or international lottery whose result or outcome is being bet on;
‘Underlying Lottery Jackpot’ means the aggregate amount payable by the applicable Underlying Lottery Operator in respect of all Underlying Lottery Winning Tickets in Tier 1 of the relevant draw of the applicable Underlying Lottery, as announced by the applicable Underlying Lottery Operator (or, where no such Underlying Lottery Winning Tickets is announced, the amount that would have been payable by the applicable Underlying Lottery Operator had there been any Underlying Lottery Winning Tickets in Tier 1 of the relevant draw of the Underlying Lottery, as determined by the Insurer);
‘Underlying Lottery Operator’ means the operator of the applicable Underlying Lottery;
‘Underlying Lottery Winning Ticket’ means a winning ticket for the applicable Underlying Lottery;
‘Insurer’ means the external third-party insurance agent(s) or companies who will under-write the prize(s) and who will be responsible for guaranteeing and paying-out winnings in accordance with these Terms;
156We offer customers the opportunity to bet on the result or outcome of a national or international Lottery Draw, in the same way that a customer may bet on the result or outcome of a race or a sporting event.
157Due to the size of the prize(s) we do not take the risk for these bets ourselves but have arrangements in place with approved Insurance agent(s)/companies who will provide cover and be responsible for paying-out wining bets.
158In the case of winnings relating to the lower tiers, the insurer may transfer the monies to us and we shall then credit the customer account accordingly.
159In the case of winnings relating to the higher tiers and bigger prizes the Insurer may decide to transfer the winnings directly to the winning customer.
160The Insurer reserves the right to request proof of verification either from us or directly form the customer in order to comply with its own legal and regulatory obligations. Where the Insurer’s verification requirements have not been met the Insurer reserves the right to withhold or refuse winnings until such time as these verification requirements have been met.
161You understand that we have no control or influence in respect of an Insurer’s verification procedures and cannot be held liable or responsible for any claim with is refused or rejected. In such cases you understand that you have no legal claim against us.
162The potential Prize Tiers for each Lottery are shown below.
163Due to local laws and regulations it may not be possible to offer all lottery betting services to all of our customers at any given time. For example, customers in the UK will not be able to place bets on the outcome of the UK or the Euromillions Underlying Lottery.
1Prize Tiers 1 and 2
164The winnings payable to a customer for Prize Tiers 1 and 2, will depend on the total number of winning tickets.
165The winnings for the applicable Prize Tier are calculated on the basis of a percentage of the amount of aggregate stakes published by the Lottery Operator as well as the distribution to that Prize Tier, or, on the basis of the jackpot published on the website of the Lottery Operator for that Prize Tier of the relevant draw of the Lottery.
1Only one Winning Bet
166If there is only one Winning Bet in the applicable Prize Tier, the Winnings payable in respect of the Winning Bet are calculated as follows:
Underlying Lottery Jackpot in the applicable Prize Tier / Number of Underlying Lottery Jackpot Winning Tickets in that Prize Tier + 1
167Example 1: There is only one Winning Bet in the Prize Tier 1 and no Underlying Lottery Winning Ticket has been announced by the Underlying Lottery Operator in Tier 1 in respect of an Underlying Lottery Jackpot in Tier 1 of 90,000,000.00 EUR. The Winnings payable in respect of that single Winning Bet amount to 90,000,000.00 EUR.
168Example 2: There is only one Winning Bet in Tier 1 and two Underlying Lottery Jackpot Winning Tickets have been announced by the Underlying Lottery Operator in Tier 1 in respect of an Underlying Lottery Jackpot in Tier 1 of 90,000,000.00 EUR. The Winnings payable in respect of that single Winning Bet amount to 30,000,000.00 EUR.
1More than one Winning Bet
169If there is more than one Winning Bet in the applicable Prize Tier, the prize will be divided by the total number of winning bets and distributed accordingly based on the following Insurer ‘Share Model’.
170Example 3: There are two Insurer Winning Bets in Tier 1 and one Underlying Lottery Jackpot Winning Ticket has been announced by the Underlying Lottery Operator in Tier 1 in respect of an Underlying Lottery Jackpot in Tier 1 of 90,000,000.00 EUR. There are three pay-out shares, with a size of 30,000,000.00 EUR each. The Winnings payable in respect of each Insurer Winning Bet in the Tier 1 amounts to 30,000,000.00 EUR.
1All Prize Tiers except 1 and 2
171The Winnings to be paid out in respect of each Winning Bet that was a single bet in a Prize Tier other than Prize Tiers 1 and 2, shall be the amount of the Prize announced by the Underlying Lottery Operator in respect of an Underlying Lottery Winning Ticket in the respective Prize Tier.
172If the Underlying Lottery Operator has not announced a Prize in the respective Prize Tier for the relevant draw of the Underlying Lottery, the Winnings payable in respect of each Winning Partner Bet in that Tier will be calculated on the basis of the aggregate amounts paid in for the relevant draw of the Underlying Lottery announced by the Underlying Lottery Operator and its allocation to the winning Prize Tier.
1Withholdings for winnings
173Customers should be aware that Prizes will be subject to deductions such as local taxation that would be applied as if the customer is a resident of the country in which the Underlying Lottery is operated for example in the case of US lotteries, the net pay-out will be calculated as if the customer is a resident of New York City, USA or in the case of the US Powerball at the highest tax rate applicable. In the case of lotteries in Spain, the net pay-out will be calculated as if the customer is a resident of Barcelona, Spain, and for pan-European lotteries such as Euro Millions and Euro Jackpot, the net pay-out will be calculated as if the customer is a resident of Zürich, Switzerland and Barcelona, Spain respectively. For all other lottery games, the net pay-out will be calculated as if the Player was a resident of the capital city of the country where the Underlying Lottery is operated and played.
174In cases where the Underlying Lottery offers winners a choice between a lump sum payment or an annuity, only the lump sum option will be applied in connection with any bet placed with us or using our services.
175Customers should be aware that administrative fees relating to processing claims or winnings may also be applied subject to individual customer circumstances.
176The payment of all winnings will be subject to these Terms and Conditions.
1INTERRUPTED GAMING POLICY
177If gaming is interrupted (e.g. where your internet connection is disconnected) after you have successfully placed a bet or wager, the random number generator will continue to determine the result of your bet or wager on the relevant Game and will process the transaction as would have occurred had the interruption not occurred (e.g. had your internet connection been live).
178You will be able to access details of the bet that was determined when your play was interrupted by viewing your betting history.
179If gaming is interrupted (e.g. where your internet connection is disconnected) whilst you are in the process of placing a bet or wager, our records will be definitive as to whether such bet or wager was successfully placed before the interruption occurred. If it was not successfully placed the bet or wager will be deemed a nullity.
180Appropriate adjustments will be made to your Customer Account to reflect the implementation of this policy.
1LICENCE AGREEMENT AND INTELLECTUAL PROPERTY
181The sites, products and services include any Client Software owned by or licensed to us that may be supplied by us to you or downloaded from sources made available by us for use with any part of the Service and include also all trademarks, trade names, domain names, logos, pictures, design, graphics, photographs, animations, videos, music, audio, text and other content.
182You acknowledge that all ownership rights and all copyright and other intellectual property rights are owned by us or our licensors and that you have no right title or other interest in any such items except as expressly stated in the Terms and Conditions.
183You are granted a personal, non-exclusive, non-assignable and non-transferable licence to use the software solely for the purposes of accessing and using the Services and for no other purpose whatsoever.
184You may not sublicense, assign or transfer the licence granted to you, or rent or lease or part with the whole or any part of such licence.
185You may use any Client Software on a computer on which, at the time of such use, you are the primary user.
186You may not transfer, copy, reproduce, distribute, exploit or make any other use of material on our websites in any manner other than for the purposes of displaying it on your computer screen and printing it in order to view its content.
187You may not link the websites to any other website without our permission.
188In relation to any Service you may not:
all of which is strictly forbidden, and you accept that if you do so we are entitled to take civil or criminal proceedings against you as we consider appropriate.
189You may access information on, and download and print extracts from, the Websites for your personal use only. No right, title or interest in any downloaded materials or Client Software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless this has been agreed with us in writing in advance.
190You accept that the sites, products and services, and any Client Software are made available or are provided to you "as is" with any faults or failings and any representation, warranty, condition or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) is excluded to the fullest extent permitted by law.
191Under no circumstances (including, without limitation, in contract, negligence or other tort) are we or any of our software providers or licensors liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to access or use, the sites, products or services and any Client Software or any element of them even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to repay us and our software providers and licensors against any claims in respect of any such matter.
192Where your play has been interrupted for some reason, the consequences of such an event will be dealt with according to the Product Specific Terms applicable to the relevant Product you are participating in.
193You specifically acknowledge, agree and accept that we are not liable to you for:
194You accept that we do not endorse the content of and we are not responsible for the content or information in any third-party advertising, marketing, links or other presence on the Websites.
195You agree that we are free from any claim or demand, including reasonable legal fees, made by any third party in connection to your use of the Websites including you breaching any Terms and Conditions, any applicable laws, or the rights of another person or entity.
196You agree that our maximum liability under this agreement, in all circumstances other than for the payment of winnings or other monies due to you from your Account, is £2,000 (or the alternative currency equivalent).
197You accept that we’re not responsible for compliance with the fact that you may be legally obliged to account and make payments to the relevant tax authorities in respect of your use of or access to the sites, products or services including any of your winnings and that this remains your responsibility.
1COMPLAINTS AND DISPUTES
198By "complaint" we mean a complaint you have about any aspect of our conduct in relation to your dealings with us and by "dispute" we mean either a complaint which is not resolved through the Complaints Procedure or a disagreement which relates to the outcome of a transaction.
199If you have a complaint, you should in the first instance contact the support team in writing at [email protected]
200Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint. Complaints will be dealt with under the Complaints Procedure.
201We will use our reasonable efforts to resolve a Complaint promptly. If you are unsatisfied with our resolution of your complaint, you have the right to escalate the matter as set out in our Dispute Resolution Policy.
202All disputes are dealt with under our Dispute Resolution Policy.
203We reserve the right to record all communications with you and any other person regarding complaints or disputes. If there is a dispute as to the contents of any such communication, reference will be made to such records and to our transaction database which, in the absence of any contrary evidence, shall be decisive.
204You are reminded that, under other provisions of the Terms and Conditions, both you and we have the right to close or suspend the operation of your Account and that this may happen whilst a complaint or dispute is pending.
205You accept that any complaints and disputes are and remain confidential both while a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaints or disputes to any third party other than under the Dispute Resolution Policy (which shall include the discussion of any such any complaints and disputes in any chat room or forum offered by ourselves or any third party).
206You accept that any failure to comply with this confidentiality obligation is a breach of the Terms and Conditions and that we reserve the right not to continue seeking a resolution to your complaint or dispute.
207As a first stage, if you make a complaint we will investigate the matter in a manner that is fair and objective and advise you of the outcome and/or our decision as soon as we reasonably can. We may have to ask you for more information or appropriate evidence from you for the purposes of dealing with your complaint.
208If your complaint is not resolved to your satisfaction at the first stage, you may request that the matter be escalated and reviewed again. In such instances, as a second stage, your complaint will be referred internally to a senior manager who will conduct an independent review.
209We will inform you of the outcome and/or our decision as soon as we reasonably can, and we may have to ask you again for more information or appropriate evidence.
1DISPUTE RESOLUTION POLICY
210If you have a dispute which does not arise from an unresolved complaint you should, as a first stage, use our Complaints Procedure to seek a resolution of that dispute. You’re not obliged to do so and may refer immediately to an independent adjudicator as set out below.
211You may refer a dispute (including an unresolved complaint) to an independent adjudicator whose details are provided below:
Independent Betting Adjudication Service
Telephone: 020 7347 5883
Additionally, or if you are a customer based in any EU member state, you should contact the European Commission's Online Dispute Resolution (ODR) Platform:http://ec.europa.eu/consumers/odr/
212Where you refer a dispute to any other independent third party such as IBAS as an alternative independent adjudicator, you’ll always have recourse to the courts if you feel it appropriate.
213If you do not understand any of the Terms and Conditions, please contact our support team for assistance.
214The Terms and Conditions (and all the documents referred to herein) constitute the entire agreement between us and there are no other terms applying.
215No part of the Terms and Conditions shall be considered as waived by any party unless a waiver is given in writing by that party.
216We shall not be liable for any breach of this agreement by us in so far as it is caused directly or indirectly by circumstances beyond our reasonable control and which affects the performance of our obligations to you.
217These General Terms and Conditions are drafted in the English language. If at any time they are presented to Customers in another language and there is a conflict or inconsistency between the English language text and any text in another language, the English language text shall prevail.
218You may not assign, transfer, charge, create a trust over or otherwise deal in all or any of your rights and/or obligations under the Terms and Conditions (or purport to do so) without our previous written consent. We’re entitled to assign, transfer, charge, create a trust over or otherwise deal in our rights under the Terms and Conditions as we see fit.
219If any of the Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of the Terms and Conditions.
220Any applicable taxes and fees in connection with any awarded winnings or prize are the sole responsibility of the Customer. Winnings or prizes cannot be transferred, substituted, or redeemed for any other win or prize.
221Nothing said or written by any employee or agent of the Company shall constitute a variation of the Terms and Conditions or an authorised representation of the nature or quality of any aspect of the products or services that we offer. Except in the case of fraud or fraudulent misrepresentation, we shall have no liability to you for any such unauthorised representation.
222Except for the Company and any software provider or licensor of the Company, a person who is not party to these Terms and Conditions has no right to enforce them under the English statute known as The Contracts (Rights of Third Parties) Act 1999 or any other provision of statute law or equity in any jurisdiction.
1GOVERNING LAW AND JURISDICTION
223The Terms and Conditions, and all of their constituent parts, are governed by the laws of Malta.
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