Last Update: 19/04/2018
- Why you should read them. Please read these Player Terms and Conditions carefully before you start to use our Services, any section of the Website and/or open a Player Account. These terms tell you who we are, how we will provide our Services to you, how you may use our Services, how we may change or end this contract, how we will use your information, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- How you accept these terms. By using any section of the Website, by opening a Player Account with us or using our Service you agree to be bound by The Player Terms and Conditions.
- How we may change these terms. These Player Terms and Conditions are published on the Website and may be changed from time to time. We reserve the right to make immaterial changes to these Player Terms and Conditions at any time and you accept it is your responsibility to regularly check the latest version of the Player Terms and Conditions and ensure you are familiar with them. Material changes will be notified to you through your Player Account. Your continued use of our Services will be deemed to be your acceptance of any material changes.
- General provisions. In these Player Terms and Conditions, reference to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation. In the event of any inconsistency between these Player Terms and Conditions any document referenced herein (including the Game Rules) these Player Terms and Conditions will prevail. In the event that these Player Terms and Conditions are translated into a language other than English, it is the English language version that shall take priority in the event of any ambiguity between the two versions.
- In these Player Terms and Conditions, the following words shall have the following meanings:
“Administration Fee” shall have the meaning set out in clause 12.6
“Bet” means any bet, wager or the like made by you in relation to the Draws and/or the Services
“Betting Services” shall mean the betting service and related services provided by us on the Draws, including Single Line Bets
“Bonus” shall mean any complimentary amounts or bonus amounts credited by us into your Player Account
“Contract” shall have the meaning set out in clause 3.1
“Deadline” shall mean either: (a) one and a half hours before the closing time for the relevant Draw in the case of a Draw relating to Your Syndicate Bet or, (b) two hours before the closing time for the relevant Draw in the case of a Single Line Bet
“Deposit Funds” shall have the meaning set out in clause 8.8
“Draws” shall mean the draws on the lotteries known as “EuroMillions”, “Mega Millions”, “Powerball”, “EuroJackpot” and such other lotteries as detailed on our Website from time to time and as chosen by you as part of your use of our Services
“Draw Rules” shall mean the rules for each of the Draws as set out on our Website and via the following link https://www.LottoGo.com.com/en/rules
“Draw Winnings” shall mean the money prize due to you as set out in the Odds and Prizes page of the Website and after the deductions set out in clause 3.2
“Force Majeure Event” shall have the meaning set out in clause 17.6
“Game Rules” shall mean the Draw Rules and the Gaming Rules
“Gaming” means online virtual scratchcards or instant win games as made available on the Website from time to time
“Gaming Platform” shall mean any online and/or mobile platform or the like provided by us to allow members of the public to access the Gaming Services
“Gaming Rules” shall mean the rules for Gaming provided by us via the Website as part of the Gaming Services which are accessed via the Help Button
“Gaming Services” shall mean the provision by us of Gaming via the Website
“Gaming Winnings” shall mean winnings from Gaming
“Help Button” shall mean the link to the Gaming Rules which is accessed via the scratchcards game page which in turn is accessed from the scratchcards tab on the Website
“New Numbers” shall have the meaning set out in clause 7.3
“Notice Period” shall have the meaning set out in clause 13.1
“Open Bets” shall mean any Bet received by us but not settled
“Original Numbers” shall have the meaning set out in clause 7.3
“Player” or “Member” shall mean a user of the Website
“Player Account” shall mean the account you have with us that you use to access the Services
“RNG” shall mean a random number generator that generates results of the games provided as part of the Gaming Services
“Services” shall mean the provision by us of the Betting Services and the Gaming Services
“Syndicate Winnings” shall mean the winnings calculated in accordance with the table set out in the Odds and Prizes page of the Website.
“we” or “us” or “our” shall mean collectively Annexio Services Limited and Annexio Limited
“Website” means www.LottoGo.com.com and/or any other website we may use to provide the Services
“Winnings” shall mean either Draw Winnings, Syndicate Winnings and/or Gaming Winnings as the context requires.
“Your Device” shall mean any device used by you to access the Services and/or any other services provided by us (including betting on the Draws) including but not limited to mobile phones, smart phones, desktop computers, tablets laptop computers and internet enabled televisions
“Your Funds” shall have the meaning set out in clause 8.8
“Your Syndicate Bet” shall have the meaning set out in clause 7.3
- In these Player Terms and Conditions, the following words shall have the following meanings:
About us and the Services we provide
- We offer betting and gaming services. When you use our Services you are entering into a betting contract with us. Online gambling debts are enforceable in the Isle of Man. It is important to note that we are not connected or affiliated to the providers of the lottery services that you bet on and we are not buying a ticket for these lotteries on your behalf.
- In relation to Draws, www.LottoGo.com.com provides a betting service where you are betting on matching the payouts of prizes and jackpots from lotteries offered on the Website from time to time. Draw Winnings are determined by the results of those lotteries and the payout rules of those lottery providers. To cover payouts we buy insurance to cover our risk that you may win. From time to time when jackpots become very large, we may use a lottery ticket purchasing agent to buy tickets for us. You have no rights of any nature in any lottery tickets we buy.
- In relation to Gaming Services, the results are determined by the Random Number Generator (RNG).
- Where we are based. Annexio Limited is registered in the Isle of Man under company number 124709C and with its registered office at Fort Anne, South Quay, Douglas, Isle of Man, British Isles, IM1 5BU. Annexio Services Limited is incorporated in England and Wales with company number 09520478 and has its registered office address at 4 Prince Albert Road, London, NW1 7SN, United Kingdom. “LottoGo ” is the trading name of Annexio Limited and Annexio Services Limited.
- Who regulates us. Annexio Limited is licensed and regulated by the Isle of Man Gambling Supervision Commission, which can be contacted by e-mail at [email protected] Annexio Limited is also licensed and regulated by the Gambling Commission in the United Kingdom to provide the Betting Services to Players resident in the United Kingdom. The Gambling Commission in the United Kingdom can be contacted by e-mail at [email protected].
Representations by you. By opening a Player Account and/or using the Services, you represent and warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old. In this regard, you should note that under age gambling is an offence in the United Kingdom and may be in other jurisdictions also;
- you are not a resident of the United States of America or located at the time of placing a Bet in any country in which you are not permitted to use our Services. It is your responsibility to ensure that you comply completely with your own local, national or state laws; and
- you do not make a living out of gambling, gaming, or betting.
- Proof of age. We reserve the right to ask for proof of age from you at any time. In the event that we discover you are under 18 or the legal age for gambling in the jurisdiction you are resident, your Bet will be voided, your deposit returned to you and your account closed forthwith. We reserve the right to report you and/or your activity with us to the relevant authority(ies).
- Proof of identity and residence. We reserve the right to request proof of identity and residence from you at any time as well as other documents we reasonably require to satisfy anti money laundering obligations that apply to us. In the event that we discover you are in breach of clauses 4.1.1, 4.1.2 or 4.1.3, your Bet will be voided, your deposit returned to you and your account closed forthwith. We reserve the right to report you and/or your activity with us to the relevant authority(ies).
- Representations by you. By opening a Player Account and/or using the Services, you represent and warrant that:
Opening your Player Account
- You may only have one account. Should we identify any customer with more than one account we reserve the right to close such accounts.
- You need to provide accurate details. You must ensure that the details you provide when opening your Player Account (including but not limited to your address (your usual place of residence), email address and contact telephone number) are accurate and kept up to date. You can access your own individual account information on the Website and, subject to verification requirements from us, may amend such information from time to time.
- Account Security. When you open your Player Account you must provide a valid email address (amongst others) and choose a password. It is your responsibility to ensure these details are secure and private. Any Bets placed from your Player Account where the correct security information has been provided are deemed by us to be valid and will be your responsibility. If another person accesses your account you are solely responsible for all their actions whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use of or access to your account by any third party. If you lose, or forget, your username and/or password, or if you believe that a third party is aware of them, you should contact us immediately so we can email you new security details.
- How you participate in Draws. To participate in the Draws you shall deposit cleared funds into your Player Account. Deposits can be by credit or debit card, digital wallet, international money order, bankers draft or UK bank or building society cheque. We may accept other payment methods from time to time at our sole discretion in line with local regulation. You may deposit prepaid funds into your Player Account. Prepaid funds deposited into your Player Account can only be used to place Bets with us on Draws and/or to participate in the Gaming Services. We are under no obligation to refund deposits or prepaid funds.
- How much you can spend with us. The maximum deposit that you may pay to us in any month is £2,500 Sterling or equivalent in an alternative currency. The maximum deposit may be increased via a direct request through the customer service team . Your request will then be reviewed using factors such as your history with us and regulatory requirements (such as matters which the Gambling Authorities require us to review). If you have already agreed a higher limit than £2,500 prior to this change your limit will not be affected and you do not need to take any further action.
- How to withdraw Winnings. You can only withdraw funds from your Player Account that are Winnings. Any Winnings that you want to withdraw will only be deposited into the same bank account/digital wallet account/credit or debit card you used when depositing funds with us or making a prepaid deposit and must be in your name. Under no circumstances will withdrawals be facilitated by paying Winnings to a third party.
- How we deal with chargebacks. You hereby agree that no chargebacks or other cancellation of deposits will be made relating to your Player Account without our consent. In the event of any of the foregoing occurring, you agree to refund and compensate us for any losses, including any expenses incurred by us in the process of recovering such amounts. In the event that you cancel deposits by way of chargeback or otherwise, any and all Winnings connected to Bets made from those deposits will be void and will not be paid to you by us.
- How we manage Bonuses. In the event we decide to offer a Bonus, the terms relating to such Bonus shall be set out on the Website and must be accepted by you if you wish to participate in the Bonus.
- How to participate in a Draw. You may enter a Draw using either a single line Bet or a syndicate bet.
- Entering a single line Bet. To participate in a Draw with a single line Bet, you choose your own numbers in a Draw either manually or by using our lucky pick option. We will send an email confirmation of your Bet once it has been placed. You can check the status of your entry at any time on your Player Account.
- Entering a syndicate bet. To participate in a Draw with a syndicate bet, you choose the syndicate you wish to join corresponding to the Draw of your choice. Details of the defined set of numbers chosen by you from the selection of numbers provided by us on the Website (the “Original Numbers”) shall be available in your member’s area. The Original Numbers entered into Draws will be referred to as “Your Syndicate Bet”. From time to time, at our sole discretion, it may be necessary to withdraw defined sets of numbers for the Draws and in such event we shall notify you in writing of other defined sets of numbers which could replace the Original Numbers (or any other numbers used for the Draws during your use of our Services), which shall be entered into each Draw by us from the date of such notification (the “New Numbers”). You may change the New Numbers using the facility on the Website or you may terminate this contract in accordance with clause 13.1 should you prefer not to replace the Original Numbers. New Numbers once allocated to or chosen by you shall be deemed to be your Original Numbers for the purposes of these Player Terms and Conditions and shall thereafter be Your Syndicate Bet. The fixed percentage payout for Draws may alter from time to time but written notice of such change will be provided to you no later than 28 days prior to the change.
- Multiple Draws. If a lottery makes multiple Draws on the same date then unless otherwise specified by us your Bet will apply to the main Draw to take place on that date. In the event there is no Draw on that date, your Bet will apply to the first Draw by the relevant lottery thereafter. If a Draw does not take place in relation to the relevant lottery, your Bet will stand for the relevant rescheduled Draw for the relevant lottery, or if there is no re-scheduled Draw, the next available Draw relating to the relevant lottery.
- The Gaming Services are made available only for personal entertainment.
- Risk of Gaming. You confirm your understanding that you may lose money as a consequence of using the Gaming Services.
- Availability of Gaming. We reserve the right to suspend, amend, add or remove any part of the Website, Gaming Platform and/or the Gaming Services at our sole discretion and without warning and we will not be liable for any such action. In the event that we suspend any part of the Website, Gaming Platform and/or Gaming Services, we may close all Open Bets at a value that we determine (acting reasonably) to be the fair value at that point in time. We will not be liable if, for any reason, the Website is unavailable for any time or period.
- Changing content. We may at our absolute discretion change the content of the Website and/or the Gaming Services or elements of the Gaming Services on the Website at any time. Any such changes shall not affect Bets made by you prior to such changes.
- Compatibility with your devices. We give no guarantee that the Website will be compatible with any hardware or software used by you including Your Device.
- Limited licence. We hereby grant to you a limited, personal, non-exclusive, non-transferable right to use the Gaming Services on Your Device, for the sole purpose of participating in the Gaming Services, in accordance with the provisions of these Player Terms and Conditions.
- Betting on the Gaming Services. To place a Bet in relation to the Gaming Services, you must use cleared funds from your Player Account or by using any of the payment methods provided by us. The minimum deposit into your Player Account is £5.00 Sterling. The maximum deposit into your Player Account is £1,500 Sterling per deposit with a maximum cap on deposits into your Player Account of £2,500 Sterling in aggregate in any 24 hour period. The maximum deposit may be increased by direct request to the customer service team, at our absolute discretion, depending upon your history with us, the method of deposit, and other factors as determined solely by us.
- Only clear funds may be used as Bets. You cannot place a Bet until there are cleared funds in your Player Account. Deposit Funds together with any Gaming Winnings due to you (collectively “Your Funds”) will be held in your Player Account by us on your behalf. We are not a bank and no interest will be paid on your Player Account, Your Deposits or Your Funds. Only once we have received all information we require from you, will Gaming Winnings due to you be paid to your Player Account.
For the purposes of these Terms and Conditions, the term “Gaming Winnings” means winnings legitimately due to you that have been won by you as part of the Gaming Services using the Gaming Platform and that have been won fairly by you in accordance with these Player Terms and Conditions and are not subject to any reasonable objection by us, less the following:-
- any bet due to us; and,
- other entry or other fees due to us for your use of the Gaming Platform and the Gaming Services; and,
- any charge backs made by a third party in relation to Your Funds; and,
- any local taxes, if any.
- What happens with your connection problems Any failure on your side including but not limited to network connection or computer problems, will not void the result. You can check your own Bet history in the report section of your Player Account to see how any Bet was determined.
- What happens with our system or hardware malfunctions. Any system malfunction and/or hardware malfunction affecting us will void the Gaming Services affected by such and no winnings of any nature whatsoever will be due on such
We are committed to providing our Players with fair and transparent Terms and Conditions. The following clause details the Terms and Conditions that apply to Winnings. It is important to note that this Clause advises the way in which winnings are paid, in other words whether they are paid in a lump sum or by instalments. It also explains that deductions apply to large winnings. The lottery bet you place with us gives you the chance to win the same amount as if you had bought a ticket, with those numbers on, from the official lottery organiser.
YOU SHOULD BE AWARE THAT CERTAIN LOTTERY WINNINGS WILL HAVE DEDUCTIONS APPLIED TO ANY ADVERTISED JACKPOT TOTAL, INCLUDING TAX DEDUCTIONS. THIS IS THE CASE FOR ALL US LOTTERIES.
THIS IS BECAUSE THE AMOUNT YOU ARE ABLE TO WIN IS THE SAME AS THE ACTUAL CASH PAYOUT MADE TO SOMEONE WHO HAD BOUGHT A TICKET FOR THE OFFICIAL LOTTERY WITH THE SAME NUMBERS. THE ACTUAL CASH PAYOUT BY THE OFFICIAL LOTTERY TO ANY WINNER WILL BE SUBJECT TO SIGNIFICANT DEDUCTIONS AND ANY LARGE WINNINGS WE PAY OUT ARE EQUIVALENT TO THAT REDUCED AMOUNT.
We cannot give an exact percentage of how much the deductions will be as the deductions are based on several factors, including the individual official lottery winner’s tax status. However, you should be aware they will significantly reduce the amount of any winning bet on Tier 1-3 wins on major US lottery draws.
In the event that there is no winner, we shall calculate the deductions using the State of Delaware tax legislation as our basis.
Subject to the terms of this clause 9, we shall credit your Player Account as follows:
- How we pay small Winnings. Winnings equal to or below the Sterling equivalent of £50,000, will be paid to you from our own funds by crediting your Player Account.
- How we pay large Winnings. Winnings over the Sterling equivalent of £50,000 will be settled by us making a claim with our insurance provider or, where we have purchased lottery tickets, by claiming the win from the relevant lottery provider. Whilst we aim to credit your Player Account as quickly as possible, settlement of very large wins may take up to 40 days to clear whilst the claim is processed.
- Deductions applied to Winnings. As detailed above, Winnings are calculated by reference to the payout rules of the relevant lottery provider. To recap, we cannot give an exact percentage of how much the deductions will be as the deductions are based on several factors, including the individual official lottery winner’s tax status. However, you should be aware they will significantly reduce the amount of any winning bet on Tier 1-3 wins on major US lottery draws.
In the event that there is no winner, we shall calculate the deductions using the State of Delaware tax legislation as our basis.
- For Winnings over £10m we will pay the first £10m in one payment as soon as possible following the Draw, followed by the remaining balance spread over nineteen, equal annual payments paid on or within 7 days of the anniversary of the first payment (the “Annuity Payments”). At our discretion, we may enter into negotiations with you to amend the amount and frequency of the Annuity Payments to reach a new, mutually agreeable schedule for the repayment of the outstanding balance.
- Super Jackpot. From time to time and at our sole discretion, we may offer you the opportunity to participate in Draws where we have enhanced the Draw Winnings by applying a multiple to the jackpot offered by the relevant lottery provider. Any such enhanced Draw Winnings shall be subject to the deductions set out in clause 9.2 above.
- This clause only applies to Gaming Winnings. The pay table amounts for Scratchcards are accessed from the link called ";pay table" on the panel of each Scratchcard. Gaming Winnings over £10,000 (or your local currency equivalent) will be paid in monthly installments of £10,000 (or your local currency equivalent).
- Checks we may make before making payments. To enable us to comply with anti-money laundering legislation we may require information from you before crediting your Player Account. We will not credit your Player Account until we are in receipt of all information we require for anti-money laundering purposes.
- How we deal with any repayments. In the event that the operator of the lottery Draw from time to time requires the repayment of any monies paid by it that we have paid to you, you hereby undertake to pay to us a sum equal to such sum within 14 days of a written request from us. You agree to fully indemnify us against all claims, liabilities, losses, costs and expenses (including legal fees) arising out of any breach by you of the provisions of this clause 9.7
- What currency payments are made in. All Winnings are usually paid in the same currency of your Bet, but may, in our discretion, be paid in an alternative major currency such as Euros, Pound Sterling or US Dollars. Where sums are denoted by a lottery in another currency, we will convert your Draw Winnings into pounds Sterling using the exchange rate provided by our bank on the date determined by us.
- How we deal with multiple Single Line winning bets from different customers on the same draw. For Single Line entries, if your selection of numbers wins the jackpot or second tier prize and your winning numbers are identical to the selection of numbers chosen by two or more of our other customers in the same draw, then the amount that you shall win will be shared equally amongst those other customers with the identical selection. For example, if three LottoGo players chose identical numbers for a jackpot where our payout after relevant deductions was £36 million, then each player would receive £12 million.
- Subject to the terms of this clause 9, we shall credit your Player Account as follows:
Non-payment of Winnings
When Winnings are not paid. We may void and shall be entitled not to pay any Winnings in respect of any Bet:
- placed after the Deadline;
- that is erroneously accepted on the Website after the Deadline for the relevant Draw or in respect of a Draw that has already taken place at the time when the Bet is placed;
- if we become aware of an error in relation to that Bet or Draw and we are not able to contact you to correct the error or confirm the Bet before the Deadline for the relevant draw;
- if you charge back any deposits relating to your Player Account without our consent;
- if we receive a notification related to the card used to fund the player account that the card is associated with queried transactions or reported fraud
- placed by a player who has provided false or misleading information as part of or in connection with his/her Player Account or otherwise in connection with the Website or the services available through it, including the Services;
- placed by a player who has been involved in any collusion or fraud-related activities in relation to the placing of the Bet, the operation of their player account or otherwise in connection with the Website or the services offered via it, including the Services;
placed by a player who was, at the time of placing the Bet:
- less than 18 years old;
- a US resident or located in any country in which they are not permitted to participate in remote betting/gaming of the nature contemplated by the Website;
- in breach of any material provision of these Player Terms and Conditions; or
- in breach of the relevant Game Rules.
- What happens to void Bets. If any Bet is voided in accordance with clauses 10.1.1, 10.1.2 or 10.1.3, we will offer the relevant player the option of placing any such Bet on the next relevant Draw or crediting his/her player account with the sum of money representing such voided Bet. If any Bet is voided in accordance with clauses 10.1.5, 10.1.8.1 or 10.1.8.2, we will return the deposit made to us and close your account forthwith. If any Bet is otherwise voided by us in accordance with this clause 10, the relevant Bet shall be forfeited to us.
- Disputes that affect our ability to pay large Winnings. As we are not a lottery, our ability to pay large Winnings is dependent on either (i) our insurance company honouring the terms of the policy we have with them; or (ii) our ability to claim large Winnings from the lottery provider when we present winning tickets to claim prizes. In the event that a dispute arises with our insurance company or lottery provider regarding their obligation to pay us, we may not be in a position to pass Winnings on to you. In such circumstances our obligation to pay Winnings to you will be suspended whilst we undertake all reasonable endeavours to obtain funds to pay Winnings to you including, where necessary, commencing litigation, arbitration or other similar dispute resolution process against our insurance company, the lottery provider or any other relevant third party. The maximum period of time for any such suspension of our obligation to pay Winnings to you under this clause is three years (the “Suspension Period”). At the end of the Suspension Period, if we have been unable to secure funds to pay any Winnings due to you, we shall pay you your Winnings up to a maximum of £2,000,000. Nothing in this clause shall prevent us entering into negotiations with you during the Suspension Period to reach an amicable settlement regarding payment of your Winnings.
- When Winnings are not paid. We may void and shall be entitled not to pay any Winnings in respect of any Bet:
Funds held in your Player Account
- How sums in your Player Account are held. Any sums which are in your Player Account will be held by us for you in a segregated bank account on the Isle of Man which is subject to quarterly review by the Isle of Man Gambling Supervision Commission. However we are not a bank and no interest shall be paid on any sums in your Player Account.
- What happens to funds in the event of insolvency. Under the Isle of Man Online Gambling (Participants' Money) Regulations 2010 (paragraph 4(2)), customer funds do not form part of the assets of the business in the event of insolvency and are therefore protected from creditors. If you are resident in United Kingdom, the United Kingdom Gambling Commission has published a customer funds rating system for its licence holders and we rate customer funds protection as "Medium" in line with that rating system and further information on our requirements with regards to the level of protection we offer to players who are UK residents can be found at the Gambling Commission's website here.
Withdrawals from your Player account
- Withdrawals to credit cards may only be made to credit cards used to pay for funds deposited into the Player Account. Withdrawals to Mastercard is limited to UK customers only
- Minimum withdrawal amounts. You may claim your Winnings by withdrawing monies from your Player Account subject to a minimum 10 GBP withdrawal at any time.
- Where to find withdrawal methods. Current withdrawal methods for your Winnings are available in your Members Area.
- Refunds to incorrect details. We cannot refund withdrawals made to incorrect account details in your Player Account.
- Mistaken payments. You shall immediately inform us in the event that any Winnings are paid to you in error and forthwith return such to us.
- Inactive Player Accounts. Should your Player Account be inactive for a period of 6 months, we reserve the right to close your Player Account and charge a fee (the "Administration Fee"). In this event, all funds held in your Player Account will belong to us when the Player Account is closed. Prior to closing your inactive Player Account, we shall use all reasonable means to contact you.
Suspension and Termination
- Your termination rights. You may terminate this contract at any time by giving us not less than 7 days’ notice (“Notice Period”) using the facility on the Website. Notwithstanding the terms of clause 17.4, the Notice Period shall be deemed to start on the day that we receive the said notice to terminate this contract. You will not be entitled to participate in Draws other than the Draws in relation to which you have paid deposits and placed Bets prior to the expiration of the Notice Period.
Our suspension and termination rights. We may suspend or terminate this contract and/or your access to the Services immediately and without prior notice:
- if you breach these Player Terms and Conditions;
- if at our discretion (acting reasonably), we consider that your conduct compromises our position in any manner;
- if we cease to offer the Services; and
- for any other reason at our sole discretion, acting reasonably.
Effect of suspension and termination. After the Notice Period has expired or immediately in the event of our suspension or termination:
- If your account is suspended, we will accept no further deposits from you;
- If your account is terminated, we will accept no further deposits or Bets from you; and
- You will not be allowed to participate in the Services.
- Limited warranties. We will endeavour to provide the Services using reasonable care and skill. Subject to clause 14.4, we make no further warranty or representation, whether express or implied in relation to the Services provided by us to you and all warranties or conditions are hereby excluded, to the fullest extent permitted by law.
- Avoiding errors. We use reasonable endeavours to avoid any error in the odds provided but beyond this no warranty is given. We reserve the right to correct errors on the Website or in relation to the Services or the odds at any time.
- No warranties. We make no warranty that the Services will be uninterrupted, timely, secure or error-free. In the event of any system or communication error in relation to the games provided as part of the Gaming Services, the RNG, the generation of your Original Numbers, New Numbers or otherwise, we will not be liable to you as a result of any such errors and we reserve the right to withhold the payment to you of any Winnings in such circumstances.
- No exclusion of liability. Nothing in these Player Terms and Conditions shall exclude or limit our liability: (a) for fraud; (b) for death or personal injury caused by our negligence; or (c) where it is not lawfully permitted to exclude or limit.
- No representations. You acknowledge and agree that in accepting these Player Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Player Terms and Conditions) unless expressly set out in these Player Terms and Conditions.
Our limited liability. Subject to clause 14.4 our entire and aggregate liability to you, whether under contract, tort, negligence or otherwise in connection with the Services provided by us to you is strictly limited to the lesser of the following:
- the deposits paid by you to us in the 12 month period immediately preceding the event upon which such liability arose; or
- the sum of £5,000 Sterling.
- No indirect or consequential losses. We accept no liability for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time, whether under contract, tort (including negligence) or otherwise.
- This clause 14 does not affect your statutory rights.
Complaints and dispute resolution
- Complaints. If you wish to raise a complaint, please contact us either by email, phone or post. Our contact details are published on the website. We will endeavour to resolve any complaints or disagreements quickly and efficiently. If you are not satisfied with the initial outcome, you may request for it to be reviewed by a manager.
- Dispute resolution. If we are unable to resolve any disputes between us, you may refer the dispute to the Independent Betting Adjudication Service (“IBAS”) for adjudication if you are a resident in the United Kingdom. You may contact IBAS at 020 7347 5883 or [email protected], or use the Adjudication Form available on its website at http://www.ibas-uk.com. For non-UK Players, you may raise the dispute with the Isle of Man Gambling Supervision Commission by completing and submitting the online Complaints Form available on its website. Its complaints procedure is also set out on its website at https://www.gov.im/categories/business-and-industries/gambling-and-e-gaming/player-protection/. Alternatively, you may use the European Online Dispute Resolution Platform for resolving the dispute if you live in the EU, by completing the relevant forms and questionnaires on the website http://ec.europa.eu/consumers/odr/. The website is managed by the European Commission and aims to help consumers and traders resolve disputes out-of-court. Decisions made by an independent dispute resolution body shall be final and binding and you will not have further recourse to the courts
- Our approach to responsible gambling. We maintain a strong commitment to provide all our players with a responsible gambling environment. Gambling should be enjoyed as a recreational activity however, it can nevertheless also cause a problem for a minority of players. We aim to prevent compulsive usage and underage access to the Services while providing a friendly and entertaining gambling experience.
Self exclusion. We offer a self-exclusion option for our Players who might become concerned about their gambling activity. You may opt to self-exclude yourself from access to the Services for a period of 6 months, 1 year, 2 years, 5 years or permanently. You can exclude yourself from placing bets on our Website by contacting us by telephone on +44 (0)208 099 70 70 or by email to [email protected]. Please confirm your member email address and the duration you wish to be excluded for (6 months, 1 year, 2 years, 5 years or permanently). Following the self-exclusion request, a Player will be prohibited from using his/her Player Account and from opening a new Player Account during the self-exclusion period. Self-exclusion will take place immediately from the time you receive a self-exclusion confirmation email after contacting our member support team. We reserve the right to inform our affiliates and/or other similar service providers of your self-exclusion for the purposes of preventing marketing and promotional materials being sent to you during the self-exclusion period. The reopening of Player Accounts that have been self-excluded is only possible after the expiry of the self-exclusion period. Following the expiration of the self-exclusion period, you can reopen your Player Account by calling member support on +44 (0)208 099 70 70. Please note an email instruction cannot be accepted. The account will then be re-opened after a 24 hour cooling-off period. You may also change the maximum value of your monthly or weekly spending limit by contacting the member support team directly by telephone on +44 (0)208 099 70 70 or by email to [email protected]. Upon receipt of your spending limit change request a "cooling-off" period of 7 days will be applied. Any increase of the spending limit set is not allowed for a minimum period of 7 days from the date of last change. You can, however, reduce your spending limit without any minimum wait.
In addition, if you are considering self-exclusion, you may wish to register with GAMSTOP.
GAMSTOP is a free service that enables you to self exclude from all online gambling companies licensed in Great Britain.
To find out more and to sign up with GAMSTOP please visit www.gamstop.co.uk
Advice on problem gambling. The following are things to remember in order to keep control of your gambling:
- gambling should not be seen as a way of making money or paying debts but rather it is a form of entertainment;
- you must read and be familiar with the Game Rules;
- you should only gamble an amount you can afford to lose;
- you should not chase losses; and
- you should keep track of the amount of money and time you have spent gambling.
- Professional assistance. We encourage our players to consider professional assistance from any of the following organisations if a player suspects he/she may have a gambling problem:
- Website links. We may provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information (including any personal data) related to that transaction to the third party seller.
- Errors. We will use reasonable endeavours to avoid any error in the odds provided by us in relation to Bets and any other information published on the Website, the acceptance of Bets, registration or other action in respect of Player Accounts, notification of Prizes and Winnings or otherwise in respect of the operation of Bets, Player Account, the Services and the Website, and reserve the right to correct any errors, but beyond this no warranty is given. Where we become aware of an error affecting you in relation to a bet or Draw prior to the relevant Deadline for such Draw, we will use reasonable endeavours to inform you of the error and to offer you the choice of keeping the Bet at the correct odds (where applicable) or confirming or voiding the Bet. In the event that we cannot contact you the terms of clause 10 shall apply.
- Written communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail, SMS text messaging or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
- Notices. All notices given by you to us must be given to us by e-mail at: [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when opening your Player Account, or in any of the ways specified in clause 17.3 Other than as noted in clause 13.2 notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail or a text message is sent, or 3 days after the date of posting of any letter. In the event that you terminate this contract in accordance with the terms of clause 13, the Notice Period will be deemed to commence on the day that we receive your notice to terminate this contract notwithstanding the terms of this clause 17.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee or in the case of a text message that such message was sent to the specified mobile telephone number of the addressee.
- Transfer of rights. This contract is binding on you and us and on our respective successors and assigns. You may not transfer, novate, assign, charge or otherwise dispose of this contract or these Player Terms and Conditions, or any of your rights or obligations arising under this contract or these Player Terms and Conditions, without our prior written consent. We may transfer, novate, assign, charge, sub-contract or otherwise dispose of this contract or these Player Terms and Conditions, or any of our rights or obligations thereunder, at any time.
Events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract or these Player Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this contract may be performed despite the Force Majeure Event. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- the postponement or cancellation of any Draw;
- impossibility of the use of public or private telecommunications networks;
- delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;
- the acts, decrees, legislation, regulations or restrictions of any government or regulator;
- failure of any telecommunications system
- Publicity. You are obliged to receive Winnings over £50,000 in a winnings ceremony in the Isle of Man which will be open to the media of our choice. You may choose to remain anonymous at the ceremony. However, we reserve the right to publicise and promote details of your Winnings, your geographical location, age and work status (including the nature of your work and job title). If you choose to remain anonymous we will pixelate your features such that you cannot be identified from any images that we use.
- Waiver. If we fail, at any time during the term of this contract, to insist upon strict performance of any of your obligations under this contract or any of these Player Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Player Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17.3
- Severability. If any of these Player Terms and Conditions or any provisions of this contract are determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Third party rights. Unless otherwise expressly stated within this contract, nothing within these Player Terms and Conditions shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 2001 or otherwise in favour of any person other than you and us.
- No partnership or agency. Nothing in these Player Terms and Conditions is intended or should be construed as creating any partnership, agency or any other form of joint enterprise between you and us.
- Governing Law. This contract is governed by the laws of the Isle of Man.
- Jurisdiction. Each party irrevocably agrees, for the sole benefit of us that, subject as provided below, the courts of the Isle of Man shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause shall limit the right of us to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.