Version 2.0 (Amended on the 6 th of February of 2018)
Please read these Terms and Conditions carefully before using the Services and Website. Your use of this Website and the Services means that You accept the following Terms and Conditions which are legally binding. If You do not agree to be bound by them, You should exit the Service immediately.
The following is a legally binding agreement (the “Agreement”) between Morpheus Games MT (PCOMM194) (the “Company”) of Level G, Office 1/3758, Quantum House 75, Abate Rigord Street Ta’ Xbiex XBX 1120, Malta, licensed by the Malta Gaming Authority (MGA/CL3/1349/2017) and yourself. The Company is licensed and regulated by the Malta Gaming Authority under licence no. MGA/CL3/1349/2017 issued on the 7th of September 2017.
In this Agreement, the following words and phrases shall (unless the context otherwise requires) have the meanings set out beside them:
“Consideration” means the consideration to be paid to the Company in connection with the Services provided and the purchase of a Ticket (including, but not limited to, the price of the Ticket).
“Courier Services” means the services provided by third parties, allowing Customers to purchase lottery tickets in lottery drawings by proxy; such services will include purchasing the lottery tickets, safeguarding them, handling them and collection of Winnings in accordance with third parties policies.
“Customer Information” means any data relating to Customers, whether provided by the Company or directly to any of its third party service providers, including without limitation, names, addresses, email addresses, credit card numbers and expiration dates, and any and all other information obtained or accrued by any third party, as a result of or in connection with, the Customers and/or their participation in the Offering.
“Operator” means, in respect of each lottery game and draw, the lottery organizer that organizes and manages that lottery game and draw, in compliance with applicable law.
“Services” means the Company’s (in itself or by proxy) services of purchasing, storing and handling Tickets, as offered via the Website as well as collection of Winnings, where applicable in accordance with sections 9.7 to 9.10 (both included) and 9.12 and 9.13 hereof.
“Ticket” means a lottery ticket purchased by the Company, in itself or by proxy, on behalf of the User.
“User” means any person holding a valid User Account.
“User Account” means a personal account opened via the Website by an individual, solely for the use of that individual for the purpose of using the Services.
“Us/We/Our” means the Company, and any subsidiaries, affiliates, directors, officers, employees, representatives, agents and contractors, and any other person acting for or on behalf of the Company.
“Website” means any website owned, operated or hosted by the Company, and any software or content that is used to access such website.
“Winnings” means the winnings attributed to a Ticket, as determined solely by the Operator.
“Winnings Ticket” means a Ticket which entitles a User to receive Winnings, as determined solely by the Operator.
“You/Your” means the User.
The preamble and definitions of this Agreement shall for all purposes form part of this Agreement, and constitute a material and substantial part of it.
2. THE SERVICE
2.1 The Company provides a messenger service that allows the purchase, storage and handling of Lottery Tickets. The Tickets are purchased, stored and handled by third parties. These Tickets are listed on our database under your name, so that in case of a Winning Ticket, You will be entitled for the Winnings. However, in some instances, third parties will participate in the purchasing of the Tickets and will hold a stake in the Tickets (including, but not limited to, in any Winnings attributed to those Tickets); this will be applicable where the Company offers to purchase the Tickets in syndication and/or a group referred to in section 7 of this Agreement.
2.2 The Company does not offer any type of lottery or gambling products; the Tickets represent tickets purchased at your request for the participation in lotteries organized and managed by Operators and not by Us.
2.3 It is Your responsibility to check that any requests for Tickets placed by You are correct and You may not cancel any Ticket. Except where explicitly stated herein that we shall refund you the Consideration and/or the price of the Ticket, all Services are final and non-refundable.
2.4 The Company will acknowledge receipt of Your request to purchase a Ticket by email. You may also check the processing status of the relevant Ticket request at any time in Your User Account.
2.5 If a Lottery draw does not take place or no draw result is published or officially announced, all valid Ticket requests on that draw will stand for the rescheduled draw (or if there is none, the next available relevant draw).
3. USE OF SERVICES
3.2 You acknowledge that You do not find the Services and the Website to be offensive, objectionable, unfair, or indecent in any way.
3.3 Employees, directors and officers of the Company (as well as persons providing services to the Company), as well as members of their families, affiliates or subsidiaries, and all other persons connected, directly or indirectly, to the computer systems or the security system employed by the Company, as well as any person involved in the operation of this Website and the establishment thereof, including, but not limited to advertising, promotion and fulfillment agencies, insurers and legal advisers, webmasters and web suppliers and family members thereof, are not entitled to participate in any of the activities proposed by the Website (including, but not limited to, the use of the Services).
3.7 You shall not use your User Account or the Services for any professional, business or commercial purpose other than specifically stated herein.
4. ACCOUNT REGISTRATION AND OPERATION
4.1 In order to purchase the Tickets, You will first need to open a User Account with the Company.
4.2 For the purpose of opening a User Account, You will be required to provide valid information and documentation relating to, inter alia, Your name, address, email, telephone number and credit card information or other payment accounts to be used to deposit or receive funds in your account. The Company reserves the right, at any point in time, to ask You to provide additional information and documentation, and Your User Account may be suspended until satisfactory information and documentation is provided; failure to provide the required additional information and documentation within the timeframe set by the Company may result in termination of Your User Account and forfeiture of the funds held in Your User Account.
4.4 Your User Account with Lottoz is solely for Your benefit and You must ensure that Your User Account details are kept private, including without limitation Your password and username. Browser functionality that enables you to save your username and password will increase the risk that Your User Account may be accessed by a third party. If You are concerned that a third party is aware of Your username and password, please change your password and contact Our Customer Support immediately.
4.5 The company shall transfer the information to third parties for the performance of its obligations.
4.6 The Company has no obligation to maintain User names or passwords. If You misplace, forget or lose Your User name or password, the Company shall not be liable for any direct or indirect loss associated with such occurrence.
4.7 You further represent, warrant, acknowledge and undertake that (a) You will not use Your User Account and will not allow any third party to use Your User Account for any illegal, unlawful, fraudulent, money laundering or other improper activities, and You shall not break into the Website or attempt to do the same (Illegal Actions), (b) in case You will perform any Illegal Action (and/or allow a third party to perform an Illegal Action) the Company shall be entitled to disclose any and all of content of Your User Account (including, but not limited to, personal identifiable information) to the relevant authorities, and to suspend and/or cancel Your User Account and confiscate any and all funds in Your User Account, (c) You shall be solely responsible for all losses, liabilities and damages incurred as a result of any Illegal Action performed by You (and/or allow a third party to perform an Illegal Action) and You shall indemnify Us for any such losses, damages and liabilities incurred from such activity, (d) You have not had a User Account in the past which was terminated or suspended by the Company, (e) the method of payment information You provided the Company in connection with Your User Account is of means of payment owned by You and in Your name (or that the owner of the means of payment provided You with all required consent to use that means of payment for using the Services and purchasing Tickets via the Website, and You are acting within the confines of that consent) and were not stolen or reported as lost, (f) the Company is not obligated in any form or manner to validate the consent granted to You by the owner of the means of payment which You use, and (g) You are not and You have not notified Us that You are addicted to gambling.
4.8 The Company shall be entitled to inform relevant authorities, online service providers, banks, credit card companies, electronic payment providers or other financial institutions or relevant authorities and/or entities of Your personal identifiable information and of any suspected unlawful, fraudulent or improper activity performed by You or via Your User Account, and You will cooperate fully with the Company to investigate any such activity.
4.9 To use the Services and to purchase a Ticket, You will be required to provide the Company with details of means of payment and/or transfer funds into Your User Account by any of the methods specified by the Company. The company accepts Visa / MasterCard debit and credit cards as well as Maestro Debit card as forms of payment. If You transfer funds into Your User Account, such funds will be deposited into Your User Account upon actual receipt of funds by the Company and any of its third party service providers. Minimum and maximum limits may be applied in respect of transferring funds into and out of Your User Account, depending upon Your history with the Company, the method of deposit, and other factors as determined solely by the Company or any of it third party service providers. The Company, in itself or via any third party, will debit Your User Account and/or Your means of payment at any time between the time in which You place a request to purchase the Ticket and the time in which the Company or any of its third party service providers purchases the Ticket on Your behalf. A Minimum deposit of €10 / £10 applies (or the equivalent amount in any other currency). A Maximum deposit of €2000 / £2000 applies (or the equivalent amount in any other currency) not including any deposit limits The User sets through the My Account Deposit Limits section on the website.
4.10 When You deposit funds into Your User Account, the Company or any of its third party service providers may require the following: (i) a copy of a valid identification document with a photo of Yours, (ii) a copy of the credit card used to make the deposit (front side with only the 4 last digits of the credit card number visible, back side with the CVV covered, and (iii) a copy of a recent utility bill in Your name and address. In order to avoid any delays in processing Your cashout requests, the Company requires the receipt of such documents as soon as possible. In some instances the Company may require receipt of such documents prior to performing any activity in Your User Account. You may send such documents by scanning them or taking a high quality digital camera picture, save them as jpeg file and send them via email support@Lottoz.com.
4.11 Your request to purchase any Ticket on Your behalf is subject to sufficient funds in Your User Account to pay the Consideration or the provision of means of payment which allow the payment of the Consideration. If the funds in Your User Account are insufficient for the payment of the Consideration or the means of payment provided by You do not allow the payment of the Consideration, either at the time of the request placed by You to purchase a Ticket or at the time in which the Company debits Your User Account or the means of payment provided by You for any reason whatsoever (including, but not limited to, any limits placed by You, and any chargebacks or withdrawal of funds), or any time in between, the Company or any of its third party service providers will not purchase the Ticket on Your behalf, regardless of whether Your request was registered with the Company or not; this will also be applied in case in which there is any change in the Consideration required by the Company for the purpose of purchasing the Ticket, even if that change occurred after You have requested the Company to purchase the Ticket or after Your request has been registered with the Company. The Company is not under any obligation to notify You of any such occurrence, and it is Your sole responsibility to confirm that there are sufficient funds in Your User Account to pay the Consideration or that the means of payment provided by You allow the payment of the Consideration. You hereby release, indemnify and hold Us harmless from any claims, liabilities, damages, losses, costs and expenses arising from not purchasing the Tickets due to lack of funds, in whole or in part, in Your User’s Account or the lack of possibility to debit the means of payment provided by You, in whole or in part. Without derogating from the above, You should verify that the Ticket was purchased by logging into Your User Account and reviewing Your Tickets.
4.12 Where using a credit card to purchase Tickets, Your credit card statement will show a description which will include Lottoz.com.
5. BONUS POLICY
5.1 All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any bonus and/or promotion must be used in adherence with such terms and conditions in order to be eligible to receive the bonus or the promotion.
5.3 The Company reserves the right to prevent Users registered, logging in or depositing from certain jurisdictions from participating and being eligible for any or all promotions and bonuses, at the Company’s sole discretion.
5.4 The provisions of this section 5 apply to all kind of bonuses, promotions and benefits granted to You in excess of the actual deposit made by You.
5.5 Any bonus and/or promotion received must be used within 30 days from the date in which such bonus and/or promotion is received; after such 30 period, the Company will withdraw any part of the bonus and/promotion not used and You will not be entitled to such part of the bonus and/or promotion.
5.6 The Company will update periodically in its website the bonuses and/or promotions that it offers to its users. You should follow the updates on the website.
6. SUBSCRIPTION, CANCELLATION AND REFUND POLICY
6.1 In the framework of the Services granted by the Company, a subscription service is also offered.
6.2 A User may request to participate, in a repetitive, fixed and consecutive manner, in a certain lottery (or lotteries) chosen by the User (the “Subscriber”). Upon making such a request, the Company’s confirmation of such request (or any of its third party service providers), and subject to the provisions of this Agreement, the Subscriber will participate automatically in the lottery (or lotteries) chosen and in the manner specified by the Subscriber. The basic subscription periods will be clearly outlined on the site. Once the Period has ended, the subscription will auto-renew for Basic Periods each time, unless the Subscriber provides a notice in accordance with Section 6.4 or opts for a Long Period subscription.
6.3 The Subscriber’s User Account, or the means of payment provided by the Subscriber, will be debited for the Tickets that the Subscriber has requested to be purchased on his/her behalf (according to that Subscriber’s subscription), at the sum equivalent to the Consideration. It is hereby clarified that such sum may change, and may not be the same as at the date in which the Subscriber opted for the subscription, in which case You will be notified of such change prior to charging You with the changed consideration. In case in which the Subscriber’s User Account balance is less than the Consideration (for any reason whatsoever; including, but not limited to, any limits placed by the Subscriber), or that the means of payment provided by the Subscriber cannot be debited for the Consideration in whole or in part, then the subscription may, at the Company’s sole discretion, be postponed (and no Ticket will be purchased on behalf of the Subscriber) until the Subscriber’s User Account is replenished with sufficient funds or the means of payment provided by the Subscriber can be debited for the Consideration (and in respect of the latter – it is Your responsibility to inform the Company accordingly, and the Company is under no obligation to re-check whether the means of payment can be debited accordingly). The Company is under no obligation to notify the Subscriber of any such occurrence, and it is the sole liability of the Subscriber to confirm that the Subscriber’s User Account has sufficient funds to pay the Consideration, or that the means of payment provided by the Subscriber can be debited to pay the Consideration, in accordance with the subscription. The Subscriber hereby releases, indemnifies and holds Us harmless from any claims, liabilities, damages, losses, costs and expenses arising from the postponement of the subscription.
6.4 The Subscriber may cancel the subscription by sending an email to that effect to support@Lottoz.com at least 5 business days prior to the next subscription cycle as determined by Us (the ”Notice Period”), for the cancellation to enter into force in respect of the next subscription cycle (and the following cycles, if applicable); failure to provide the cancellation notice prior to the Notice Period will result in charging the Subscriber for the next subscription cycle. It is the Subscriber’s responsibility to confirm that the cancellation notice was received by the Company, and We will not be liable for any direct or indirect loss or damage caused due to not receiving such a cancellation notice. In case in which the Subscriber cancels a subscription for which the Subscriber has received some kind of benefit from the Company (including, but not limited to, a discount for multiple and/or Long Period subscriptions and/or a present), the Company will charge the Subscriber for such benefits upon cancellation of the subscription. For the removal of doubt, no refund will be provided for subscriptions cancelled in respect of past and present Periods and/or past and present cycles, as well as for future cycle where the cancellation notice was not provided prior to the Notice Period.
6.5 Each User can join, simultaneously, an unlimited number of subscriptions (for different lotteries).
6.6 Except where specifically stated otherwise herein, no refund can be completed for funds subject to wagering requirements or restrictions.
6.7 A refund request will only be considered if it is requested within the first twenty-four (24) hours of the alleged transaction.
6.8 We reserve the right to withhold any refund or reverse transaction until the identity of the User Account is adequately established to our satisfaction, in order to ensure that any payment made to Us will be honored after a refund has been made. You agree to provide, in case We demand, a notarized identification, or any other certified identification in accordance with the applicable laws of Your jurisdiction. If such notarized or certified identification is not provided within ten (10) business days of our request, then such refund or reverse transaction shall not be effected, Your User Account shall be closed and You shall forfeit all funds in Your User Account, such decision shall be final, binding and not subject to appeal.
7. PARTICIPATION WITH OTHER USERS
7.1 The Company may offer, as a syndicate organizer and in respect of certain lotteries, the possibility to participate in the purchase of Tickets with other Users, in accordance with predetermined programs provided by the Company (the “Programs”). The User participating in a Program will be contractually entitled to receive a portion of the Winnings attributed to the Tickets purchased in connection with that Program (subject to all other provisions of this Agreement) in accordance with that User’s share in that Program, as well as according to the fee to be paid to the Company, through any third party, in connection with the setting up and management of the Program (the “Ratio”).
7.2 If You choose to participate in a Program, You will be requested to inform the Company of the share of that Program You wish to purchase (subject to limitations provided in the Program). If not all of the shares of that Program are purchased, then the Company may, at its sole discretion, (i) purchase, through any third party, the remainder of the shares of that Program, or (ii) not purchase any Tickets in connection with that Program; the Company is under no obligation to provide You any notice to that effect, and it is Your sole responsibility to verify that the Tickets to be purchased in accordance with a Program were indeed purchased.
7.3 It is hereby clarified that the numbers to be used in connection with the Program could change at the Company’s sole discretion. The numbers thus shown are solely for illustration purposes, and could be altered prior to the draw and between draws; You are not provided with any right to the numbers thus shown.
7.4 Without derogating from other provisions of this Agreement, it is hereby clarified that the Users participating in that Program are entitled to receive the Winnings according to their portion as calculated on the basis of the Ratio and in accordance with the contract between the Company, the third parties, and all of the Users participating in the applicable Program – all in accordance with this Agreement.
8. PURCHASE OF TICKETS
8.1 After Your request to purchase a Ticket (either by itself or as a part of a subscription) is recorded with the Company, the Company will (subject to the provisions of this Agreement) purchase the Ticket, through its third parties, in accordance with Your request; where You request to purchase a Ticket as part of a Program, the provisions of section 7 will apply in addition to the other provisions of this Agreement. Programs such as, but not limited to, a syndicate ticket, and a combination of tickets.
8.2 Where possible, the Company will allow You to request to choose certain characteristics of the Ticket (e.g., the numbers to be chosen for the purposes of that Ticket’s participation in the lottery draw), subject to the availability of such characteristics in the lottery draw in connection with which the Ticket is purchased and subject to the availability of such an option provided by the Company.
8.3 It is hereby clarified that the Consideration is higher than the price of the Ticket, and You hereby acknowledge that the difference between the Consideration and the price of the Ticket represents a fair compensation for the Company and its third party service providers in connection with the Services it provides to You. You hereby waive any claim or argument in connection with the difference between the Consideration and the price of the Ticket, including, but not limited to, the fairness and appropriateness of such difference.
8.4 Once You have requested to purchase a Ticket, You will not be able to cancel such a request, even if the Ticket has yet to be purchased by the Company, or third parties on its behalf. Therefore, all requests to purchase Tickets are final, non-refundable and non-terminable. This section shall be without prejudice to Your right to receive refund of the price of the Ticket in the circumstances described in clause 15.10.
8.5 Once the Ticket is purchased, it will be held and stored by the third party service provider of the Company. It is hereby clarified that the recording of Your request to purchase the Ticket does not amount to a purchase of a Ticket (and the Ticket is confirmed to be purchased only if and when confirmation to that effect is delivered to you via email or available in Your User Account), and We will not be held liable in connection with any such request where the Ticket was not purchased (or was purchased using other characteristics than the ones You asked for – including where the characteristics chosen by You appeared on the Website), including (but not limited to) where such occurrence was due to human and/or technical errors and/or failures and/or operations done by any third party. You acknowledge that it takes time to upload scanned copies of Lottery Tickets, and there may be a delay between the time that the Lottery Ticket is purchased and the time that a copy is made available for you to view. It is Your sole responsibility to confirm that a Ticket was purchased according to Your request (including, but not limited to, the relevant characteristics).
8.6 Without derogating from the provisions of section 8.5, it is hereby clarified that all requests to purchase a Ticket must be made within the specified timeframes for the respective specified lottery game or draw in respect of which the request to purchase a Ticket was made (the “Specified Period”). Where the lottery game or draw is played and/or performed during or adjacent to a national holiday, bank holiday or any other day which is not a business day in the jurisdiction in which the Ticket applicable to that lottery game or draw is purchased, then the Specified Period shall commence prior to the beginning of such national holiday, bank holiday or any other day which is not a business day, and will also include the period of such national holiday, bank holiday or any other day which is not a business day. The Company or any of its third party service providers, is under no obligation to purchase any Ticket if the request to purchase such Ticket was made during the Specified Period. Without derogating from the above, any third party service provider of the Company, may purchase a Ticket if the request to purchase it was made during the Specified Period, but is under no obligation to do so. If a Ticket was not purchased due to the fact that the request to purchase it was made during the Specified Period, the third party service providers of the Company, will purchase a similar (as far as possible) Ticket for the next lottery game or draw.
8.7 Without derogating from any other provision of this Agreement, where the Ticket was not purchased, the Company may, at its sole discretion, provide You with an alternative service aimed at securing Your enjoyment from the participation in the lottery draw; this will be performed by providing You with an equivalent product to the Ticket which will ensure that You will receive the exact same benefits as if the Ticket was purchased. For the avoidance of doubt, this service will be operated and implemented at the Company’s sole discretion in select instances. It is hereby clarified that the consideration to be paid for such service will be the same as the Consideration.
8.8 The participation in the lottery draw (via purchasing the Tickets) is subject to, and in accordance with, the terms and conditions of this Agreement and the laws, rules, terms and conditions under which the lottery draw is performed by the Operator.
9. RESULTS OF DRAWS AND WINNINGS
9.1 The results of the lottery draw, as published by the Operator, will be published on the Website after they are published by the Operator. For the avoidance of doubt, only the final results of the lottery draw as published by the Operator will determine the Winnings attributed to each Ticket, and in any case in which the results published on the Website differ from the results published by the Operator, the results published by the Operator will be the sole results that will determine the Winnings attributed to each Ticket.
9.2 The Company may require any additional documents, such as certified copies of proof of identity, regardless of whether such documents were submitted in the past. All such documents and information must be provided by the User within no longer than 8 weeks after the date of the relevant draw.
9.3 Following the publication of the results of the lottery draw by the Operator, the Company will review whether any Tickets are entitled to receive any Winnings. Following such a review, the Company will notify the Users who are entitled to receive Winnings in connection with that lottery draw; such notification will be done solely via the User Account. For the avoidance of doubt, it is hereby clarified that the determination of entitlement to Winnings is done solely by the Operator, and We will not be liable to You in connection with any error (including, but not limited, any error due to human and/or technical errors) in any notification (or lack of) of Winnings provided to You by the Company or any of its third party service providers, including, but not limited to, errors in the determination of any entitlement to Winnings (whether You were wrongly or mistakenly notified You are entitled to Winnings, and/or whether You were wrongly or mistakenly not notified that You are entitled to Winnings (including, but not limited to, where such error caused You to receive an amount smaller than the amount of Winnings You were entitled to absent such error, or no amount whatsoever)) and/or the amount of Winnings. It is hereby clarified that it is Your duty and obligation to review the official results published by the Operator, determine Your entitlement to any Winnings and notify the Company accordingly.
9.4 Following the determination of the Winnings or the notification to that effect by You to the Company, the Company or any of its third party service providers (as applicable and determined by Us) will facilitate the hand-delivery of the Winning Ticket to the eligible User (collectively, the “Lottery Ticket Service”). You are solely responsible for personally collecting Your Winnings directly from the related Operator, even in case You are not located in the country of the Operator (“Territory”). We will arrange for one of Our representatives to meet You at the Territory (or another location as agreed between us) and hand-deliver Your Winning Ticket to You. You agree to cooperate with Us or with anyone on Our behalf, to facilitate You taking possession of the Winning Ticket. You agree that prior to You taking possession of Your Winning Ticket You must first sign a legal waiver and release stating that You (i) have taken, or are taking, possession of the Winning Ticket; (ii) are personally responsible for collecting the Winnings directly from the related Operator; and (iii) You waive any legal or equitable claims, rights or remedies You may have against Us and/or anyone on Our behalf, with respect to Your collection, or non-collection, of the Winnings. Under no circumstances shall We have any obligation to pay You an amount equal to what an Operator may fail to pay You in connection with any Winnings.
9.5 You are solely responsible and liable for the costs incurred by You in connection with Your collection of Your Winnings, including without limitation, for Your costs related to Your travel to collect Your Winning (“Travel”) to and from the Territory, and for all of Your related costs and expenses, including, without limitation, travel, accommodation and subsistence costs.
9.6 In respect of Your Travel to collect your Winnings, you agree that You remain solely responsible and liable for, and shall: (i) obtain all necessary visas and permits that are necessary to enter the Territory; (ii) secure travel insurance (which must cover You for medical, personal injury and property claims); (iii) obtain all medical inoculations, approvals and/or consents; and (iv) comply with any Operator rules that require the completion and submission of specific forms, paperwork or documentation prior to collecting a Winning (collectively, “Travel Requirements”). You acknowledge that Your failure to obtain or comply with certain Travel Requirements may preclude You from collecting Your Winnings. You undertake all Travel at Your own risk. You hereby waive any legal or equitable claims, rights or remedies You may have against Us with respect to: (a) any Travel, including without limitation Travel-related incidents, injuries, illnesses, or losses that You may suffer or incur; and; (b) Your failure to obtain or comply with any Travel Requirements, including if You are unable to collect Your Winnings as a result.
9.7 Notwithstanding the foregoing, and unless otherwise determined and notified by Us, Winnings attributed to Users participating in a Program shall be collected by Us directly from the Operator on behalf of the eligible Users participating in the Program and be distributed by Us to the respective User Accounts, all according to the terms of Section 7 above.
9.8 Notwithstanding the foregoing, the Company, at its sole discretion, may decide to claim any and all Winnings on Your behalf and credit Your User Account with the Winning amount, less any handling charges, fees and/or commissions, including charges, fees and commissions to be paid to the Company or any of its third party service providers; where the Winnings are the result of participation in a Program – You will receive Your stake in the Winnings. In such a case where we choose to collect the Winning on Your behalf, Your balance in Your User Account will be updated only after (and in accordance with) the payment of Winnings by the Operator. For this purpose, You acknowledge that taxes, levies and duties may be withheld or paid from the Winnings, either by the Operator or by the Company or any of its third party service providers. Without derogating from the above, You will be responsible for the payment of any and all taxes, levies and fees due by You in connection with the collection and receipt of the Winnings.
9.9 For the avoidance of doubt, in case where in accordance with Section 9.8 above We will be claiming Winnings on Your behalf, and provided that the relevant Operator, at its sole discretion, has determined with respect to any certain draw that the prizes due for such draw may be paid out either in a lump sum or by way of several annuity installments, then in such a case We shall pay the respective Winnings to You only as a lump sum. It should also be further clarified that as a consequence of the payout being made to you in a lump sum, the Winnings payable to you under the lump sum shall be further reduced by a certain percentage to be deducted in relation to payout of winning as a lump sum, which percentage shall be exclusively determined by the lottery Operator per the specific draw.
9.10 In case we choose to collect Winnings on Your behalf as stated above, You acknowledge and agree that in any lottery draw in which it is possible to receive the Winnings in a lump sum or in installments, the Winnings will be received in a lump sum, even if such choice carries with it diminution in the Winnings due to (without limitation) taxes, penalties, fees and/or the rules, terms and conditions of that lottery draw.
9.11 The amount of Winnings will be determined by the Operator, and You will not be entitled to receive any amount beyond the amount paid by the Operator.
10. INACTIVE ACCOUNTS
10.1 If You have not logged in to Your User Account for twelve (12) consecutive months then your User Account will be considered an “inactive account” and We will charge a 5€ monthly maintenance fee on the balance of such inactive account. If your User Account records no transactions for more than thirty (30) months, the User Account will be considered as a “dormant account” and We will remit Your User Account balance (if any) to You, after deducting the necessary fees. If Your current location is unknown or You have failed to provide up to date means of making such remittance, the remaining funds (if any) shall be transferred to the Malta Gaming Authority (MGA).
10.2 The first monthly maintenance fee will be charged at the end of the last month after which Your account became inactive. The monthly maintenance fee shall not be charged if there are no funds in the inactive account.
10.3 To recover funds from inactive, dormant or closed accounts, Users can log in at any time and request withdrawal of any funds present in the User Account. Prior to closing a User Account, We ensure that all funds have been withdrawn. If the User Account is blocked due to fraud, and the User Account has a remaining balance, such balance will be forfeited by Us. If a User decides to exclude himself temporarily, and a balance is kept in the User Account, the funds will only be available to the User once the exclusion has ended. In case of permanent exclusion, the User will be advised to require a cash-out as soon as the request is received.
11.1 Acceptance of a cashout request is subject to any deposit method restrictions, transaction and withdrawal limits and security reviews (and any other terms of this Agreement); in this respect, please be advised that the minimum amount for a cashout is €20 / £20 (or the equivalent amount in any other currency). According to generally acceptable AML rules and regulations, cashouts will be performed through the same payment method you used to deposit the funds. Additionally, we can only pay to a preferred method of payment if it has been used to make a successful deposit within the last 6 months.
11.2 The Company or any of its third party service providers, may report, withhold and deduct any amount from Your User Account in order to comply with any applicable law.
11.3 Subject to the provisions of this Agreement and any other agreement or policy, You may request to withdraw funds in Your User Account at any time, by clicking on “Withdrawal Request”. Where possible, all withdrawals will be processed to the payment account from which the deposits were made. Withdrawal payments can only be made in the name of and to the registered User Account holder. Depending on the withdrawal method, withdrawals may take up to 10 business days before You receive them. Withdrawals greater than £1,000 can also be paid to you through wire transfer to your bank account in accordance with the account details you have provided to us, subject to our approval of such account to our full satisfaction and receipt by you of all information and documents required by us to that effect.
11.4 The funds in Your User Account can be withdrawn in Your User Account currency (€/£), according to Your preference. In any case in which the funds in Your User Account are held, the Company or any of its third party service providers will convert the funds into Euros or Sterling, according to Your preference, in accordance with the valid exchange rates as determined by currencylayer.com. Any fees and costs incurred in connection with such conversion will be deducted from the funds cashed out.
11.5 While the Company does not charge commissions for any cashouts or in respect of transactional/payment processing services provided by us, there may be third party fees, commissions and/or costs incurred in connection with such cashouts and processing services (including, but not limited to, conversion charges, and other third party fees and/or commissions) and these will be deducted from the funds cashed out.
11.6 The Company retains the right to withhold any payments to You, in the event that it believes or suspects (at its sole discretion) that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, or if the Company has any concerns about the operation of Your User Account or the cashout request. In such cases, the Company may commence and/or be involved in and/or assist any investigation into such circumstances (including, but not limited to, by way of disclosing any relevant information, including Your personal identifiable information, to any third party), and You agree to assist and cooperate with any such investigation.
11.7 The Company reserves the right to run credit checks on all users with third party credit agencies, on the basis of the information provided to the Company on registration.
12. FRAUDULENT ACTIVITIES
12.1 The Company holds a zero tolerance fraud policy, and is taking all measures possible to prevent it.
12.3 Artificial Intelligence – Robots: You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence (“AI Software”) in connection with your use of the Services. We constantly review the use of the Services in order to detect the use of AI Software and in the event that we deem it has been used we reserve the right to take any action we see fit, including immediately blocking access to the Services to the offending User, terminating such User account and seizing all monies held in such account.
13. ANTI-MONEY LAUNDERING
13.1 The Company does not tolerate money laundering or funding of terrorism and supports the fight against such activities. For this purpose, the Company uses, inter alia and without derogating from any other provision of this Agreement, the following policies:
Ensuring Users have valid proof of identification.
Maintaining records of identification information.
Determining that Users are not known or suspected terrorists by checking their names against lists of known or suspected terrorists.
Closely following Users’ money transactions.
Not accepting cash, money orders, third party transactions, exchange houses transfers or Western Union transfers.
13.2 It is unlawful to deposit money for ill-gotten purposes and/or derived from ill-gotten means.
13.3 The Company complies with Maltese and European laws, regulations and guidelines for the prevention of money laundering and the funding of terrorism. Suspicious transactions shall be investigated by the Company and, if necessary, a suspicious transaction report will be made by the company to the competent Maltese Authorities. In any such event, the Company is prohibited from informing any players or third parties involved, save in limited circumstances, that an investigation is being or may be carried out, or that information has been or may be transmitted to the competent authorities. Furthermore, in the event of any suspicious transactions, the Company may suspend, block or close the User Account(s) of the relevant User(s) and withhold funds as may be required by law and/or by the competent authorities.
13.4 All transactions made by Users on the Website are checked to prevent money laundering and all other illegal activity.
13.5 By agreeing to this Agreement You authorise Us to undertake verification checks as We may require ourselves or may be required by third parties (including regulatory bodies) to confirm Your identity and contact details and to prevent money laundering (the “Checks”).
13.6 The Company shall not make a payment in excess of €2,330 or currency equivalent from a User Account to such User until We are satisfied that the identity, age and place of residence of the User has been suitably verified.
13.7 All deposits made must be wagered at least once before being eligible for withdrawal.
13.8 We may approve a withdrawal which does not satisfy the requirements of clause 13.7 in exceptional circumstances and at our sole discretion. When such an approval is issued a fee of €2 or equivalent, in your currency, may be applied for deposits and/or withdrawals where funds were not used to purchase tickets.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All the rights, including the intellectual property rights (including, but not limited to, patents, copyright, trademarks, service marks, logos, trade names, and know-how) concerning the Website, and all of its content (including, but not limited to, software and programs, files, video, audio, music, pictures, images, photographs, graphics, animations, pictures, text and software) and/or the Services (collectively the “Rights”), are and shall remain the sole and exclusive property of the Company. You may not use any of the Rights without the express prior written approval of the Company, except pursuant to this Agreement, and You shall not, by using the Services and/or the Website or otherwise, acquire any rights in any of the Rights. Without derogating from the above, You are strictly prohibited from: (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the Website and/or any content within the Website to create derivate works of the source code; (ii) selling, assigning, licensing, sublicensing, transferring, distributing any content of the Website and/or the Services, and (iii) making the Website and/or the Services (or any part thereof) available to any third party; (iv) use the Services and/or the Website in a manner prohibited by applicable laws or regulations.
14.2 Without derogating from the generality of the foregoing, it is hereby clarified that “Lottoz” is the Company’s trademarks, and any use thereof or of similar signs or marks is prohibited and will constitute a violation of the Company’s rights.
14.3 All content and use of the Website and the Services is for personal, non-commercial use only. Any other use is strictly prohibited and You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any such use.
14.4 You shall notify the company immediately upon becoming aware of the commission by any person of any of the prohibited activities listed above and shall provide the company with reasonable assistance with any investigation it may conduct in light of the information provided by you in this respect.
15. LIMITATION OF LIABILITY
15.1 We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your use of the Website and/or Services and/or the provision of the Services by us or by third parties acting on our behalf, whether direct or indirect, incidental, special or consequential, including, but not limited to, damage for loss of business, loss of profits, loss of revenue, loss of Winnings, business interruption, loss of business information, loss of data (even where We have been notified by You of the possibility of such loss or damage). The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Website’s activity. However, in any event of a technical failure in the Website’s operating or computer system, human error or force majeure, the Company will be entitled to cancel Your use of the Services, concerning which the malfunctioning has occurred. In such an event, Our sole responsibility and liability will be limited only to the Consideration that was paid by You for purchasing the specific Ticket for the specific lottery draw.
15.2 In addition to the above, it is clarified that the We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any telephone network or lines, computers, systems, servers or providers, computer equipment, software, emails or for traffic congestion on the internet or at any website.
15.3 We reserve the right to cancel, terminate, modify or suspend the Services if for any reason, the Services cannot be conducted as planned, including – but not limited to – infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond the Company’s control.
15.4 We make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software and Services contained and/or offered on the Website for any purpose. All information, software and Services are provided “as is” without warranty of any kind. We hereby disclaim all warranties with respect to information, software and Services contained or offered on the Website, whether express or implied. In any event, We shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing on the Website.
15.5 We shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Services and/or Your User Account or which will result in damage to Your hardware and/or software and/or data. We shall not be liable for any damage caused as a result of any attempt by You (or on Your behalf) to use the Website and/or Services by any methods, means or ways not intended by the Company.
15.6 You will use the Website and Services at Your own risk, and We shall not be responsible for any damage or loss You shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Website or any of the Services. We will not be responsible for any damage or loss You shall incur as a result of Your use or reliance on the content of any website to which links appear on the Website. Any third-party links, services, resources and information that We provide on or make available through the Website are not controlled by Us. Accordingly, We make no warranties regarding such third-party services, resources and information, and We will not be liable for Your use of or reliance on such third-party services, resources or information.
15.7 You will indemnify and hold Us harmless against all direct and indirect claims, liabilities, damages, losses, costs and expenses arising from Your breach of this Agreement. We reserve the right to withhold and/or deduct any payments and sums due to Us in connection with this indemnification obligation, from Your User Account.
15.8 The Company is not a lottery operator and does not hold or provide lottery draws. your participation in each lottery draw is voluntary and at your sole risk. if you have a dispute with a lottery operator or any other user or third party in connection with the site and/or a lottery draw (and any prize in connection thereto), you agree that the Company is not liable for any claims or damages arising out of or connected with such a dispute.
15.9 We shall not be liable for failure and/or delay to perform any obligation under this Agreement (in whole or in part), including, but not limited to, the purchase of Tickets, the fulfillment of the choices You made in connection with the characteristics of the Tickets, collection of Winnings, choice of manner of the collection of Winnings, any requirement of any third party in connection with the collection of the Winnings and/or tax requirements and payments. We shall not be liable for any lost lottery ticket. Without derogating from the above, We will not be liable to You in connection with anything related to the Winnings, including, but not limited to, (i) any act or omission on Our behalf which has caused You to receive a smaller amount of money than the Winnings, or no Winnings at all, and/or (ii) any circumstances which has caused the Operator to cancel Your right to receive Winnings for any reason whatsoever; and You hereby waive any claim and/or argument in this respect.
15.10 We endeavor to ensure that you are always in a position to claim your winnings, however, in very exceptional circumstances which arise from situations outside of our control, We are not liable for payment of the prize, except for the price of the Ticket itself. These situation shall be limited to instances where: (i) Tickets are stolen despite observance of the security arrangements approved by the Malta Gaming Authority; and/or (ii) Tickets are lost or damaged due to force majeure, despite reasonable care being taken by Us; and/or (iii) Tickets are not delivered to Us, or are delivered late, by any third party, despite all reasonable care being taken by Us. Provided that the entity determining responsibility above shall be the Malta Gaming Authority.
15.11 The Website, Services, the Website content and the software used in connection therewith are provided “as is”, and We make no warranty or representation, whether express or implied (whether by law, statute, or otherwise), including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non infringement of third parties rights or of applicable laws, rules and regulation (including, but not limited to, any operator’s rules), or that the Website, Services, the Website content and the software used in connection therewith will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of any information through the Website or Services.
16.1 If You have any complaints, claims or disputes with regard to the Website and/or the Services, You must submit Your complaint to the Company in writing as soon as is reasonably practicable following the occurrence of the event to which the complaint, claim or dispute refers. Complaints may be submitted by email to support@Lottoz.com, or via our Contact Us Page indicating Your claim/complaint with maximum description and details.
16.2 We will use best efforts to resolve a reported matter promptly. Complaints will be escalated internally according to the urgency and nature of the complaint, and once a solution has been identified it will be made known to You immediately.
16.3 If You have a query with regard to any transaction, You may also contact Us with details of the query. We will review any queried or disputed transactions and Our judgment in this regard shall be final.
16.4 If for some reason You are not satisfied with the resolution of Your complaint by Us, You can complain to the Malta Gaming Authority:
Address: Building SCM 02-03, Level 4, SmartCity Malta, Ricasoli SCM1001, Malta
Telephone Number: +356 25469000
16.5 If you are playing from the European Union, you can refer any dispute you have in connection to the services provided by the Company through the European Commission’s Online Dispute Resolution Platform available at europa.eu/consumers/odr.
18. RESPONSIBLE GAMING
18.1 The Company (as defined in the Terms of Service) is committed to supporting a responsible gambling environment on Our Website. We take the issue of responsible gambling very seriously and are dedicated to providing a responsible gambling service for all Our Users. We want You to have fun and enjoy Your online experience with Us while enabling You to gamble responsibly at all times.
Whilst the majority of people do gamble responsibly, for some, gambling can become a problem. We suggest the following guidelines to gambling responsibly:
● Please try and establish limits for purchasing, wagering and losses before You commence gambling.
● Gambling is not advised if it interferes with Your daily responsibilities.
● Gambling is not advised if You are in recovery for any dependency or are under the influence of alcohol or any other substance.
● Gambling is not advisable if You are attempting to make up for any prior losses.
● You are of the legal age to gamble in Your jurisdiction.
Some signs to detect the potential risks of gambling;
● You play to escape from reality.
● You play to solve your economic problems.
● You are not able to stop playing, regardless of whether You won or lost.
● You play until You have lost all the money available.
● You neglect Your family to play.
To ensure You enjoy Your online experience with Us and stay in control of Your gambling, We provide Users with a range of options to assist them to gamble responsibly as follows:
Only the Company will close any account if a User contacts Our support team. Alternatively, a User may simply set a cooling off period in his/her User Account which will automatically suspend the User Account for 6 months, 1, 3 and 5 years or until the User wishes to resume gambling responsibly. In addition, the Company enables You to self-exclude for an unlimited time by simply contacting one of Our support team. Please notice that if You choose to exclude yourself permanently, Your User Account will be disabled and any cashable funds in Your account will be refunded to You. Please note that if You decide to shorten or remove Your self-exclusion period, it will be applied 7 days after Your request. If You decide to increase the self-exclusion period, the change will take effect immediately.
18.3 Personal limits
You may limit Your deposit amounts on a daily basis. You may also choose to set a limit on the amount You may wager, by simply contacting one of Our support team. You may change or revoke the limit at any time. Please note that if You decide to increase or revoke Your personal limits, the new limit will be applied 7 days after Your request. If You decide to reduce the personal limits, the change will take effect immediately.
18.4 Staff Training
All of Our customer service staff are aware of Our Responsible Gambling policies and are trained to respond accordingly if any issue comes to their attention, and will provide account and cashier information upon request by a User in order to further assist such User to gamble responsibly on Our Website.
18.5 Getting Further Help:
There are many organizations that can provide support and assistance to individuals who develop a problem with gambling. If at any time You recognize that You cannot control Your gambling behavior, and cannot enjoy Our Website in a safe and responsible manner, we strongly recommend that You immediately contact one of the following professional organizations for professional guidance:
Gambling Therapy Helpline
You can also use the following software which will stop Your computer from accessing online gambling websites: Cyber Patrol available for download at https://www.cyberpatrol.com/
We encourage You to gamble responsibly on Our Website. As always Our support team will be glad to answer any further questions, just click on Contact Us
19.1 The Company may, at its sole discretion, refuse to register and provide a User Account to anyone and close any User Account. Subject to the provisions of this Agreement, in the event a User Account is closed or refused, We shall honor the contractual obligations already entered into.
19.2 The Company shall be entitled, at its sole discretion and without any prior notice, to change, amend, modify, remove or discontinue, from time to time, any of the Services with immediate effect. We shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against Us in such regard.
19.3 The Company may, at its sole discretion, transfer or assign this Agreement (in whole or in part) to any third party without any prior notice; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under this Agreement.
19.4 You understand that You will receive electronic communications from the Company, posted on the Website and/or sent to You via e-mail. All such communications will be considered in writing and will be considered received by You within 24 hours from the time in which the notice was posted on the Website or sent to You via e-mail.
19.5 This Agreement constitutes the entire agreement between the Company and You with respect to the subject matter hereof and supersedes any and all prior agreement between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representation made by Us. Any representation, promise, undertaking or consent, whether verbal or in writing, which is not included in this Agreement, will not be valid.
19.6 The failure of the Company at any time in enforcing any right or remedy under this Agreement shall not be construed as a waiver of any future or other exercise of such right or remedy.
19.7 This Agreement shall be governed by and construed in accordance with the laws of Malta. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Malta for settlement of any disputes or matters arising out of or concerning this Agreement or its enforceability.
19.8 If any part of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, then such provision shall be excluded from this Agreement and the remainder of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
19.9 You acknowledge that Your failure to comply with this Agreement may result in disqualification, the suspension and/or termination of Your User Account, forfeiture of funds and/or legal action against You.
19.10 The Company is entitled to amend this Agreement at any time and to do so according to its absolute and exclusive discretion. We will notify You of any such amendment by publishing the new version of this Agreement on the Website, which amendment will come into effect once you approve the changes. It is Your sole responsibility to review this Agreement and any amendments, before performing any activity via the Website. Any use by You of the Website and/or Services after making such an amendment shall be deemed as Your awareness and acceptance of any amendment of this Agreement. If any amendment of this Agreement is unacceptable to You, Your only recourse is to terminate this Agreement.
19.11 This Agreement has been drafted in the English language and any translated versions reflect the same principles. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
19.12 The Company, and any third party on its behalf, may, at any time, set off any positive balances in Your User Account against any amount owed by You to the Company.
19.13 The Company reserves the right to limit or refuse any activity and/or request made by You or through Your User Account.
19.14 Unless explicitly stated in this Agreement, nothing in this Agreement shall: (i) be construed as creating any agency, arrangement, partnership, joint venture, trust of fiduciary relationships or any other similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, or (iii) grant You any security interest in any asset of Us, including (but not limited to) any sum held in Your User Account.
20. CLOSING OF THE ACCOUNT
20.1 You may terminate your User Account at any time by sending an email to support@Lottoz.com stating your reasons for such termination. Once received and acknowledged in writing/email by the Company, Your User Account will be deactivated within 7 calendar days. During this period, you shall remain responsible for any activity on Your User Account.