Last updated 18 January 2017
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS THAT FORM A LEGALLY BINDING AGREEMENT AND MAKE SURE THAT YOU FULLY UNDERSTAND ITS CONTENTS. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT A LEGAL PROFESSIONAL IN YOUR JURISDICTION. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY VIEWING, USING AND PLAYING ON THE WEBSITE, REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT VIEW, USE OR PLAY ON THE WEBSITE.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF YOUR USE OF THIS WEBSITE AND WE ACCEPT NO LIABILITY RESULTING FROM ANY UNAUTHORISED USE OF YOUR ACCOUNT, WHETHER FRAUDULENT OR OTHERWISE.
Licensed Operator Licensed Operator: International Multi-Media Entertainments Limited, Isle of Man Incorporated (Company No. 128308C) ("the Operator").
Registered Office : 8 Finch Road, Douglas, Isle of Man, IM99 1YY.
Online Gambling is regulated in the Isle of Man by the Isle of Man Government under the Online Gambling Regulation Act (OGRA) 2001.
International Multi-Media Entertainments Limited was granted an OGRA licence on 4 July 2014 and is regulated in the Isle of Man, British Isles.
Isle of Man law prohibits persons under the age of 18 from registering or participating in online gambling and remote participation in a lottery may or may not qualify you in the jurisdiction where you are based.
Isle of Man law makes online gambling debts and ordinary debts enforceable in law.
HOW TO PLAY/GAME RULES
Please read the rules of all the services available on the Website as well as the Terms and Conditions BEFORE you place a wager or expend any monies. Please note that the reference to customer (“the Customer” or “Customers” in the plural) is any individual who has registered to open an account with the Operator.
RULES RELATING TO THE PURCHASE OF LOTTERY TICKETS
Please note these must be read in conjunction with the Terms and Conditions BEFORE YOU PLAY.
1. LottoExpress (the trading name of International Multi-Media Entertainments Limited) will make reasonable endeavours to procure the Customer's requested entries on the Customer's behalf subject to these Terms and Conditions. Tickets are purchased on the Customer's behalf at the face value shown on the tickets. In facilitating the Customer's entry, LottoExpress is not responsible for the issuance of tickets or promoting the draw, which is the responsibility of the lottery promoter in the relevant jurisdiction. LottoExpress, through its network of agents in the jurisdiction where the Customer may wish to participate, will make reasonable endeavours to procure that that agent fulfils your purchase order. In return for LottoExpress funding the purchase and related service charges (from monies it recoups from the Customer) the agents will buy and securely store all purchased tickets (and/or keep a record of online entries) and account to LottoExpress for winnings, unless the agent is precluded from doing so (see 8 below).
2. There are deadlines on entry into each lottery which the Customer needs to be careful to observe because the Operator cannot accept entries beyond those deadlines. Please check the time limits stated for each particular participation on the Website. Please also note you cannot cancel any order once received by the Operator if at the time the relevant tickets have already been purchased on the Customer’s behalf. Depending on the Customer’s preferred route of entry, the processing and accepting of the Customer's order can vary. Please seek advice from info@LottoExpress.com as to our projected processing times. The amount charged by LottoExpress, which is not directly attributable to the purchase price shown on the face of the ticket, represents a service charge. The service charge is therefore contained within the entry fee. This service charge is to cover all the costs of administering the Customer's order, including purchasing the Customer's tickets, holding those tickets in safekeeping, keeping computer records of the Customer's numbers, notifying the Customer of the Customer's prizes and (in the case of smaller amounts) collecting those prizes on the Customer's behalf. The tariff of charges can vary depending on the relevant lottery and the Operator will therefore post the charges on the Website which the Customer can access when ordering tickets for the relevant lottery. Any changes in those charges will be posted 14 days (two weeks) before they take effect and therefore the Customer should check for such changes during each purchase order.
3. Customers should note there are different variations of numbers and games that are offered in different lotteries and once having selected which lotteries would form part of the Customer's order, the Customer should look at the information available via the various links on the Operator's Website to provide more information about the lottery products and draws available. Please note that the Operator can only provide the information that the lottery promoters themselves provide and it can take no responsibility for accuracy of such information. Given that there are strict deadlines for entry on all lotteries (see above) the Operator also reserves the right not to process any Customer's order unless the Operator is in possession of the correct sum of cleared funds for the relevant lottery ticket and related service charges.
4. Where the amount of the prize is substantial, the Customer may be required to collect the prize themselves, with the assistance of LottoExpress or its employees and agents. The Operator seeks to offer lottery products that are paid free of taxes, duty or service costs but any applicable taxes or duties are the sole responsibility of the Customer and may be deducted prior to payment of any prize in which case only the net sum will be accounted, subject to paragraph 12.5 of the Terms and Conditions. Please note that the Customer may be subject to other taxes in other jurisdictions and the Customer should take advice in this regard. The Operator has no responsibility for determining the portions of winnings paid, which is instead at the discretion of the lottery promoter or pursuant to its regulatory obligations.
5. LottoExpress will use reasonable efforts to fulfil the Customer's order as requested. However, the Customer should familiarize themselves with the limits on the Operator's responsibility set out in 5.9, 13.3 and 13.5 of the Terms and Conditions in particular.
5.1 LottoExpress is not affiliated with, or sponsored by, any official government agency.
5.2 LottoExpress does not process entries for any lotto or lottery from Customers residing in jurisdiction where the lottery takes place.
6. Every effort is made to ensure the accuracy of the information appearing on this Website; however, in the event of a discrepancy regarding any aspect of a lottery, including its draw specifications, odds, prize structure and prize payouts, the lottery results published by the promoter on its website or any other authorised media utilised by the promoter and replicated on the website would be final and determinative. Purchase of your ticket orders in circumstances under which participation in the lotteries included on this Website where prohibited by law may be voided by the Operator.
7. The Customer is bound insofar as is relevant by the Terms and Conditions of lottery participation for whichever lottery tickets are purchased on the Customer's behalf.
8. LottoExpress cannot guarantee purchase of lottery tickets or collection of winnings in instances which, despite LottoExpress' reasonable efforts, a lottery promoter has declined to pay or the Operator has been unable to recover the winnings. LottoExpress will endeavour to make every reasonable effort to collect winnings and expedite payment to the Customer.
9. The Operator has no obligation to pursue any third party for any lottery proceeds; but if and when the Operator elects to do so and recovery of the sums is made, the Customer agrees that the Operator is entitled to deduct the Operator's reasonable costs and any sums already paid to the Customer. It is the Customer's responsibility to provide the Operator with the Customer’s up-to-date contact details; any recovery may take a significant period of time and the Operator is only obliged to make reasonable efforts to contact the Customer about winnings collection.
TERMS AND CONDITIONS
These Terms and Conditions govern the end-user Customers' use of the lottery-purchase facility (“the LottoExpress Service”) available at LottoExpress.com (the "Website") provided by International Multi-Media Services Limited (the Operator) and the Customer's relationship with the Operator. Customers should read these Terms and Conditions carefully as they affect their rights and liabilities under the law. The Operator is licensed and regulated by the Gambling Supervision Commission of the Isle of Man Government. Gambling debts and other debts incurred in the Isle of Man are recoverable by law. If any potential Customer does not agree with these Terms and Conditions, they should not register for or use the LottoExpress Service. If Customers have any questions about these Terms and Conditions, they should contact info@LottoExpress.com Please note that the rules applying to certain games or lottery participation form part of these Terms and Conditions. The Rules relating to the purchase of lottery tickets (or "LottoExpress Game Rules”) should therefore be read in conjunction with these Terms and Conditions. Please also refer to the FAQ page and in particular the relevant limitations.
1. APPLICABILITY OF THESE TERMS AND CONDITIONS
1.1 The LottoExpress Service is provided to the Customer for their personal non-commercial use subject to these Terms and Conditions. By viewing, registering on the Website and/or continuing to use the LottoExpress Service, the Customer agrees to be bound by these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, these Terms and Conditions will prevail.
2. AMENDMENTS TO THESE TERMS AND CONDITIONS
2.1 The Operator reserves the right to amend these Terms and Conditions from time to time (including to rectify errors or mistakes discovered on the LottoExpress Service). The Operator will make reasonable efforts to ensure that any significant changes to these Terms and Conditions are notified to Customers by an appropriate method (for example via a prominent notice on the Website) and by the provision of at least 14 days (two weeks) notice of the amended terms coming into effect. However it remains the Customer's responsibility to periodically check these Terms and Conditions to ensure that the Customer continues to agree with and abide by them. The Operator advises each Customer to review the Website regularly to ensure the Customer is up to date with any changes that are intended to occur. If the Customer does not wish to accept any new Terms and Conditions, the Customer should not continue to use the LottoExpress Service and should close their registered online account with the Operator (the "Account"). If any Customer continues to use the LottoExpress Service after the date when the change comes into effect, that Customer's use of the LottoExpress Service will be confirmation of that Customer's agreement to be bound by any new Terms and Conditions.
2.2 Any lottery order placed (but not yet accepted) prior to the time of amendment and notification of any amended Terms and Conditions will be subject to the respective preexisting version of the Terms and Conditions that applied at the time the lottery order was placed.
3. REGISTRATION AND USE OF THE CUSTOMER'S ACCOUNT
(a) the Customer is at least 18 years of age or the legal age required for playing the lottery in the Customer's jurisdiction or the place where the lottery takes place, whichever is the greater;
(b) the Customer has the mental capacity to take responsibility for their own actions and can enter into a legally binding agreement with the Operator;
(c) all data supplied will be valid, accurate and complete in all material respects and the Customer will immediately advise the Operator in writing of any change of details;
(d) the Customer understands the risk associated with participating in any lottery and accepts that they are fully responsible for any loss(es) they incur as a result of placing a lottery order; and
(e) the Customer will not abuse in any way any LottoExpress Service or bonus offer or other promotion offered by the Operator.
3.2 Please note that a Customer can only open and maintain one Account with the Operator. If the Operator discovers that any Customer has opened more than one Account or is attempting to disguise their use of another Customer's Account, the Operator is entitled to suspend and/or close any and all such Accounts or merge them all into one. Customers should therefore be wary if any attempted use of the Customer's Account is made by a third party, even if that third party is known by the Customer. Also see paragraphs 3.6 and 3.8 below.
3.3 A Customer wishing to place a lottery order on the LottoExpress Service should note that there may be specific laws in their country, place of residence or the place where the Customer accesses the LottoExpress Service that prohibit gambling. The Customer warrants to the Operator that they will not access the LottoExpress Service from within a jurisdiction that prohibits such lottery participation. Further, the Customer warrants to the Operator that they will not access (or register for) the LottoExpress Service at any time if they are a citizen of a nation state that prohibits its citizens from participating in such lotteries. The Operator reserves the right, for whatever reason and at any time, to close any Account or suspend access to the Website if the Customer is found to be in breach of this term. The Operator also reserves the right to block transactions that the Operator, at its sole discretion, suspects is sourced from any territory where lottery participation is illegal.
3.4 It is the Customer's responsibility to ensure compliance with their applicable local or national laws before registering for an Account and/or before placing lottery orders on the LottoExpress Service. The Customer is encouraged to seek legal advice before registering and/or placing any lottery orders or depositing any money to verify that their proposed dealings on the LottoExpress Service are not contrary in any way to such laws. The Operator does not accept any responsibility for a Customer's breach of any applicable local or national laws. Where the Customer is able to successfully open an Account, this cannot be construed as any form of representation or confirmation as to legality.
3.5 The Operator reserves the right to remove or add jurisdictions to its list of blocked territories (including those territories where lottery purchases are made as well as the territory from which they are ordered). The current list of blocked territories can be accessed on our FAQ page and the Operator reserves the right to close Accounts in circumstances under which a jurisdiction not previously on this list is subsequently included or under which an account in a blocked territory is opened in error. All sums standing to the credit of the Customer's account will be returned if feasible and transactions voided in circumstances under which a purchase order has not been processed. In circumstances under which an Account is closed due to concerns relating to participation in a blocked territory after an order has been processed but before a draw takes place, insofar as the order includes a winning ticket in accordance with these Terms and Conditions, then the Operator will refer the matter to the Gambling Supervisory Commission in determining how to appropriately proceed, PROVIDED THAT the Customer has not attempted to mislead the Operator as to which territory from which they are accessing services provided by the Operator.
3.6 When the Customer registers their Account on the Website, they will be asked to create a login with their email and a password (the latter will be encrypted and not accessible by the Operator). In order to prevent fraud, at all times the Customer must keep this password confidential and not disclose it or share it with anyone. If the Customer knows or suspects that someone else knows their password or that any other personal information has been stolen or otherwise accessed without their authority, they should notify the Operator immediately by contacting info@LottoExpress.com.
3.7 If the Operator has reason to believe that there is likely to be a breach of security or misuse of the LottoExpress Service, it may require the Customer to change their password. The Operator also reserves the right to close any Account or suspend access to the Website if, in the reasonable opinion of the Operator, the Customer's Account information has been compromised.
3.8 The Customer will not allow any other person or third party (including, without limitation, any minor) to use their Account or accept any prize on their behalf. The Customer is solely responsible for all use of the LottoExpress Service through their login and password. Unless caused by the Operator's negligence, any unauthorised use of the login and password will be the Customer's sole responsibility and deemed the Customer's use. The Customer will therefore be liable for any such unauthorised use and will not be refunded any resulting expenditure on the LottoExpress Service.
3.9 If an Account is inactive or suspended for six months or longer, the Operator reserves the right to levy an administration charge of £5 (the "Administration Charge") per month for maintenance of the Account and set-off the Administration Charge against any funds in the Customer's Account (the "Customer Funds"). The Administration Charge will be deducted from the Account within 24 hours from when the Account is deemed to be inactive and on the first day of every subsequent calendar month then-after. The Administration Charge shall be deducted until either the Customer Funds is reduced to zero or until the Account is reactivated by the Customer. If the Account balance is zero for a consecutive period of six months or the Account remains inactive for 24 months or longer, the Operator reserves the right to cancel the Account.
3.10 The Operator may, at its absolute discretion, immediately suspend or terminate the Customer's Account for reasons including, but not limited to, if:
(a) the Customer breaches any of their obligations under these Terms and Conditions;
(b) the Operator suspects that the Customer is in breach of its obligations under these Terms and Conditions;
(c) the Operator suspects that the Customer is acting other than on their own behalf, with others or is engaging in illegal or fraudulent activity;
(d) the Operator suspects that the Customer is acting in a manner that is detrimental to the conduct of the Operator's business; or
(e) the Operator is required to do so by law.
Depending on the reason for such suspension or termination, the balance of the Customer's Account may need to be held for a period of time whilst a full review of the facts is conducted. During this period, no activity shall be permitted including deposits, withdrawals and placing lottery orders and no winnings will be paid. The Operator will endeavour to return monies as soon as possible subject to the time needed for a full review of the circumstances leading to suspension or termination and subject to there being no request by any regulatory body or governmental agency to either not pay such sums or to forfeit them.
3.11 The expiry or termination of a Customer's Account for any reason will not affect either the rights, obligations and/or liabilities of either the Customer or the Operator accrued before the date of termination or expiry; or any rights, obligations and/or liabilities of either the Customer or the operator expressed to continue in force after and despite expiry or termination.
3.12 The Operator reserves the right not to open an Account for any Customer without having to provide any reason whatsoever. The Operator further reserves the right to refuse/reject any lottery order and suspend and/or terminate the Account of any Customer (without prior notification) who is suspected of cheating, hacking, attacking, manipulating or damaging the Operator's normal gaming operations (including the LottoExpress Service).
3.13 The use of artificial intelligence or "bots" on or in connection with the LottoExpress Service is strictly forbidden. Likewise, any application that uses any or all of the data contained on the LottoExpress Service for purposes (including but not limited to commercial purposes, via methods including but not limited to screen scraping) other than participating in the LottoExpress Service, is prohibited. The Operator will take measures to prevent and detect the use of programs that are designed to enable artificial intelligence (i.e., non-humans) to utilise or benefit from the data contained on the Website. Any attempted or actual use of artificial intelligence by the Customer will prompt the suspension or termination of their Account in accordance with clauses 3.10 and 3.12.
3.14 Providing the Customer's Account does not show a balance due to the Operator, the Customer can cancel their Account at any time by informing the Operator in writing at info@LottoExpress.com. If the Customer does so, they must immediately stop using the LottoExpress Service. The Operator will refund any balance owed to the Customer as soon as is reasonably practicable.
3.15 The suspension or termination of the Customer's Account will not affect either party's statutory rights or liabilities.
4.1 The Operator grants the Customer a personal, non-exclusive, non-transferable and revocable licence to access and install and use any applicable software required for the use of the LottoExpress Service (the "Software"). The Customer may use such Software solely for participation in the LottoExpress Service.
4.2 The LottoExpress Service and all pictures, graphics, photographs, animations, videos, music, audio, text and live feeds on the Website and the Software are either licensed to or owned by the Operator and will remain the property of the Operator or its licensors and are protected by intellectual property laws, including without limitation, copyright, patents, registered and unregistered design rights, trademarks and service marks. They may not be reproduced without the Operator's prior written consent.
4.3 Except as permitted by these Terms and Conditions, the Customer may not copy, reproduce, use, modify, publish, upload, post, transmit, create derivative works from or distribute the Software or written materials associated with the LottoExpress Service, decode, reverse engineer, dissemble, decompile, translate or convert the Software or any part of it, transfer, loan, lease, assign, rent, sublicense the Software or do any of the above to any copy, adaptation, transcription or merged portion of the Software. Without limitation, the above activity includes any form of denting, hacking, manipulating, attacking or damaging of the LottoExpress Service.
4.4 The Customer must not interfere with, infringe or violate any intellectual property rights of the Operator or its licensors and the Customer agrees not to interrupt or attempt to interrupt the operation of the Website.
4.5 No links to the Website are permitted without the Operator's prior written consent.
4.6 If the Customer breaches any of the terms of paragraph 4, the Operator reserves the right to terminate the licence granted to the Customer hereunder and the Customer must immediately return or destroy any downloaded or printed extracts from the Website.
5. PAYMENT AND SECURITY
5.1 The Customer may only open one Account which must be funded by the Customer. Money in the Customer's Account may only be used to place lottery orders with the Operator. The Customer is not allowed to place lottery orders when the combined value of which exceeds the amount deposited in the Customer’s Account. Any winnings are placed into the Customer's Account save when the Customer may need to collect directly in person or the Operator will need to pay by other means (e.g., cheque or bank draft). Deposits and withdrawals can be actioned by the Customer through the Account menu on the Website.
5.2 The Customer accepts and authorises the Operator to instruct its payment-management company to handle the processing of Account deposits and withdrawals; thus the Customer allows the Operator to give such instructions on the Customer's behalf. The Operator reserves the right to withhold payment of any funds if suspicion or evidence of manipulation of the LottoExpress Service arises or in instances of fraud, whether actual, attempted or suspected. The Operator may take action against the Customer or any other party who manipulates, or tries to manipulate, the LottoExpress Service or any part of it or when the Operator suspects that the Customer has participated in any fraud or attempted fraud.
5.3 To maintain a high level of security to protect the Customer's funds, the Operator will periodically perform random security checks. The Customer hereby accepts that the Operator maintains the right to demand additional documentation in order to verify the Customer's Account details in the event of such a security check.
5.4 The Customer has the responsibility for checking their available Customer Funds before or after each transaction order. If the Customer suspects any errors, they must report it immediately to the Operator before placing another lottery order. Failure to do so will result in the Customer waiving their rights in connection with correcting any prior errors.
5.5 The Customer must inform the Operator as soon as is reasonably possible if they believe that their Account information is being misused in any way by a third party so that the Operator may suspend their Account. The Operator will not be held responsible for any reasonable delay in executing such a suspension.
5.6 Unless otherwise stated in these Terms and Conditions, no lottery order can be cancelled once confirmed by the Operator. All lottery orders (unless voided by the Operator) will stand once confirmed whether the Customer is online or offline. The Operator reserves the right to refuse any lottery order.
5.7 It is a licensing requirement of the Isle of Man Government that, on the first occasion a Customer requests a withdrawal of funds, satisfactory evidence of identity must be provided by the Customer. See 6.1 below for more details.
5.8 Subject to these Terms and Conditions or any applicable law, the Customer may withdraw funds from their Account at any time. However, the Customer is limited to making only one request for withdrawal of funds within any one 24-hour period. The Customer shall be liable for all costs, taxes, levies and charges (including but not limited to bank- and payment-provider charges) incurred by the Operator in processing the Customer’s withdrawal of funds from or deposit of funds to the Customer’s Account. The Operator may at its sole discretion waive such costs but any such waiver shall not be deemed as a necessary guarantee of a waiver of future costs.
5.9 While the Operator seeks to offer lottery products for which taxes, fees and service costs do not apply, for instances in which this is not possible, subject to any limitations imposed by the Operator's payment-management company, payment of any applicable taxes and fees in connection with any lottery prize received are the Customer's sole responsibility; but when taxes on lottery prizes are deducted at source (i.e., when the prize is awarded) such sums will be deducted and the net proceeds accounted for. There is no guarantee that any Customer will not be required to account for additional personal taxes in any jurisdiction where they are taxed. Prizes cannot be transferred, substituted, or redeemed for any other prize.
5.10 There is no guarantee that, despite the Operator's commitment to professional service, the Customer's lottery order will be processed or that other impediments will not arise in recovery on any winning ticket. Please refer to paragraph 8 of the How To Play/Game Rules section above, which sets out the Customer's entitlement in these circumstances.
6. ANTI-MONEY LAUNDERING PROVISIONS
6.1 Under the Online Gambling Regulation Act 2001 and other laws of the Isle of Man, and together with the Money Laundering and Terrorist Financing (Online Gambling) Code 2013 which binds the Operator, there is a requirement for the Operator to obtain proof of identity and residential address (which must also correspond to that registered with the Operator) when the Customer, for the first time, requests a withdrawal of Gaming Funds that, singularly or taken together with previous withdrawals from the preceding 30-day period, exceeds €3,000 or currency equivalent. Acceptable forms of proof of identity and residence shall be, respectively, a valid current photographic identity document (e.g., national identity document, passport, driver's licence, etc.) and a formal document not older than 90 days featuring a displayed address (e.g., bank or credit-card statements, utility bills save mobile-telephone bills, etc.)
6.2 Upon the compliance of the above requirements by the Customer (the "KYC Compliance"), then the KYC Compliance shall remain in effect for so long as the documents submitted shall not be invalidated for any reason whatsoever and the Customer shall be at liberty to make a request for withdrawals of Gaming Funds at any time. The Operator is however entitled to request updated information or additional data at any time, prior to processing any withdrawal request, and it is the Customer's responsibility to ensure that they notify the Operator of any changes to personal data such as change of address or new passport issue.
6.3 Please note that the Operator cannot provide the Customer with any element of the LottoExpress Service whilst the request for this information is in whole or in part outstanding, nor will the Customer receive any withdrawal sums requested. The Operator reserves the right to suspend or close the Account should a customer not provide satisfactory information in relation to KYC compliance including source of wealth and source of funds documentation.Accounts may also be suspended if the Operator believes that investigation is required due to suspicious activity (e.g. large or unusual transactions, changes in payment method etc.)
6.4 The Operator will only credit funds into the Account of the Customer of winnings up to the value of €3,000. Please see 5.1. Further, subject to any banking or Card Scheme Rules or other limits imposed by any relevant payment processor, the Operator will only pay out Gaming Funds via the method that the funds were deposited into the Account.
6.5 The Operator reserves the right, at its reasonable discretion, to suspend payment out of the funds, pending a full investigation (including providing details to the relevant law enforcement agency when appropriate), when it suspects that funds have been deposited, and are attempting to be withdrawn, by a Customer for the purposes of money laundering. An example of such an occurence includes a Customer depositing a substantial sum of funds and then attempting to withdraw these Gaming Funds having only placed minimal lottery orders on the LottoExpress Service. Full repayment of the funds will only be made to the Customer when the investigation reveals no evidence of money laundering; but if it does, the sums may have to be forfeited to the authorities. Customers should be aware that such investigations can take a long period of time, during which the Operator may not be permitted to discuss the matter in any detail.
7. LOTTERY ORDERS
7.1 In placing a lottery order, the Customer will determine the numbers requested and the amount of their own order, subject to the following:
· any limits or terms imposed by the lottery promoter; and
· any notified costs of lottery handling fees.
7.2 In the event that a Customer gives instructions that the Operator considers unclear, the Operator shall be entitled to treat the purchase order as void. In such circumstances, the decisions of the Operator shall be final and binding on the Customer.
7.3 If a lottery order is not properly completed or if details of it are missing, the Operator may, at its discretion, deem such an order to be void.
7.4 A Customer may send multiple copies of the same lottery purchase, in which case all such purchase requests will be treated as separate orders. If a Customer submits a number of orders (whether identical or different), they will be processed by the Operator in the order in which they are received.
7.5 In placing a lottery order, the Customer represents and warrants to the Operator to not knowing nor having any influence over the outcome of the lottery in respect of which the order is made. If the outcome is known or the Operator suspects that the Customer has attempted to influence the outcome, the Operator may treat the order as void.
7.6 To place a lottery order, there must be available and cleared Customer Funds equal to or exceeding the amount of the lottery order. If the Customer's Funds do not cover the aggregate orders placed at any one time, the Operator will only accept those orders that can be covered but the Operator may determine which are accepted and which are refused.
7.7 When a manifest error or systems failure results in incorrect or erroneous orders, any order placed will be void. If such error is noticed before any lottery draw, the Operator will immediately return the order placed to the Customer's Account.
7.8 When settlement of winnings has taken place erroneously, the settlement will be invalid and reversed. If the Customer has insufficient Gaming Funds to effect such a reversal, they will be required to return the erroneously credited funds in accordance with paragraph 12.
7.9 The Operator may, at any time, in its absolute discretion and without giving any reason or advance notice, refuse to accept any lottery order and/or suspend or close any Customer's Account, albeit it will, when reasonably possible, not allow this to occur without advance warning and/or a clear explanation to the Customer.
8. PLACING A LOTTERY ORDER
8.1 Lottery orders may only be placed via the Website, unless an alternative prior arrangement has been made with the Operator.
8.2 A lottery order is accepted only when confirmed in accordance with the procedures stated in the LottoExpress Game Rules.
8.3 If a lottery order is declared "invalid" or "void" for the purposes of these Terms and Conditions, the amount of the lottery order will be reversed to the Customer's Account.
8.4 The deadline for placing lottery orders will in each case be determined by the Operator but are highlighted in the LottoExpress Game Rules of each particular lottery participation. Notwithstanding the foregoing, if a lottery order is placed without sufficient time to buy a ticket before the commencement of the lottery draw, or because of a system failure or otherwise, the order will be invalid. Disputes over the times when instructions are given will be finally settled by reference to the Operator's transaction log.
8.5 The Customer will be responsible for ensuring that their lottery orders are correctly submitted within the appropriate timeframe. Lottery orders submitted within the relevant time limits may not be revoked or changed by the Customer except as expressly provided in these Terms and Conditions.
8.6 The Operator assumes no responsibility for typing, transmission and/or evaluation errors in respect of any lottery orders placed and shall be entitled (after the event, if necessary) to correct manifest errors.
The Operator will adjust the Customer's Funds depending on the result(s) of the lottery order(s) they place. In doing this, the Operator abides by the official results as published by the lottery promoter.
10. THE CUSTOMER'S REPRESENTATIONS, WARRANTIES AND CERTIFICATION
10.1 The Customer represents, warrants and certifies that they have reached the age of 18 or the legal age required for playing the lottery in the Customer's jurisdiction, whichever is the greater. The Customer also warrants that they will not access the LottoExpress Service from within a jurisdiction that prohibits gambling nor will they access (or register to use) the LottoExpress Service at any time if they are a citizen of a nation state that prohibits its citizens from participating in gambling (regardless of their location).
10.2 The Customer represents, warrants and certifies that they fully accept that all computer instructions and responses sent over the Internet to and from the LottoExpress Service and the Software will be binding on the Customer.
11. CUSTOMER ACCEPTS THAT THEY MAY LOSE MONEY
The Customer understands that by using the LottoExpress Service they may lose money on lottery orders placed and they accept full responsibility for such loss(es). The Customer agrees that their use of the Website is at their sole risk whilst gambling. If the Customer is of the view that such losses are symptomatic of a problem-gambling habit, please refer to our Responsible Gambling Policy below
12.1 Should funds be credited to or debited from a Customer's Account in error, it is primarily the Customer's responsibility to notify the Operator of the error without delay; although should the matter be brought to the Operator’s attention by any other means (with no obligation on its part to undertake investigation), it will notify the Customer as soon as practicable. Any sums credited to the Customer due to the error will be reversed and returned to the Operator. Funds credited to Customer Funds in error cannot be used to place an order and the Operator reserves the right to void any transaction involving such funds. For the avoidance of doubt, when the Customer has a credit balance and further sums are erroneously added to this balance, the Customer is permitted to transact up to the level of funds available in their Account excluding the erroneously added funds. In the event that a sum is mistakenly credited to the Customer's Account and this money is withdrawn, the Customer must reimburse the Operator with this money on request. The Operator is also entitled to set-off any subsequent winnings owed to the Customer to satisfy this liability. The Customer agrees to indemnify the Operator for any erroneously credited funds that the Customer has withdrawn.
13. NO WARRANTY AND LIMITATIONS OF PERFORMANCE GUARANTEE
13.1 The Operator will endeavour to provide the Website and LottoExpress Service using its reasonable skill and care. The Website and LottoExpress Service are provided "as is" without any express or implied warranty of any kind. The Operator makes no further warranty or representation, whether express or implied, in relation to the Website and LottoExpress Service. Any implied warranties or conditions relating to merchantability, non-infringement of intellectual property, satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded to the maximum extent permitted by law.
13.2 The Operator makes no warranty that the LottoExpress Service will meet the Customer's requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected or that the LottoExpress Service or the server that makes it available are free of viruses or bugs, nor does the Operator make any warranty as to the full functionality, accuracy, reliability of the materials supplied by the Operator or results of the Lotto Express Service or the accuracy of any information obtained by the Customer through the LottoExpress Service.
13.3 The Customer should be aware that the quality of connections via the Internet to the LottoExpress Service may vary from Customer to Customer and from time to time may not be absolutely stable. The Operator is not responsible for any misplaced lottery orders due to connection problems, failures in communication lines or any other adverse technological consequence of the Customer choosing to use the Website. All accepted lottery orders placed will be based on the lottery-order records in the Operator's system.
13.4 The Operator carries out regular maintenance to the LottoExpress Service to ensure, as much as possible, that an optimum gaming experience is provided to the Customer. During such maintenance sessions, the Customer acknowledges and agrees that access to the LottoExpress Service may be limited or suspended to allow for such necessary repairs, maintenance or the introduction of new facilities or services. The Operator will make reasonable efforts to notify Customers of such downtime in advance of it occurring (whether via an advance schedule of downtime or period notifications on the LottoExpress Service) and resume the service as soon as it reasonably can.
13.5 The Operator will use reasonable endeavours to ensure that its systems and outsourced services will secure the purchase of lottery tickets that any Customer may order, subject to the timely receipt of such orders and these Terms and Conditions. However, the Operator cannot guarantee the tickets will be purchased on the Customer's behalf or that each order is accurately processed. The Operator also cannot warrant or guarantee that any promoter will pay out full or at all on any winning ticket and any liability is expressly excluded in circumstances under which the Operator for any reason is unable to make recovery. Please also note that all lottery entries are subject to the Terms and Conditions of that lottery and all determinations concerning eligibility, participation, results and payout and winnings calculators and taxes is determined by the promoter and the Customer is bound by those decisions.
14. LIMITATION OF LIABILITY
14.1 The Customer agrees that their use of the Website and LottoExpress Service is at their sole risk and that the Operator shall not be liable for any consequences that are alleged to have occurred as a result of the Customer's use, or misuse, of the Website and LottoExpress Service.
14.2 The Operator will not be liable in contract, tort, negligence or otherwise, for any loss or damage whatsoever arising from or in any way connected with the Customer's use of the Website and LottoExpress Service, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of goodwill and reputation, loss arising from downtime or any other pecuniary or consequential loss (even if the Operator has been notified by the Customer of the possibility of such loss or damage). Further, liability for such damage will be excluded, even if the exclusive remedies provided for in these Terms and Conditions fail for their essential purpose.
14.3 The Operator will not be liable or responsible to the Customer for any loss or damage incurred or suffered by the Customer as a result of any suspension or stoppage (whether temporary or permanent) of the LottoExpress Service arising from any governmental order or change in policy by the regulator.
14.4 The Operator will not be responsible or liable to the Customer for any loss of content or material uploaded or transmitted through the LottoExpress Service and the Customer confirms that the Operator will not be liable to the Customer or any third party for any modification to, suspension of or discontinuance of the LottoExpress Service.
14.5 The Operator reserves the right to withdraw the LottoExpress Service or elements of the LottoExpress Service at any time, and will not be liable to the Customer as a result of any such action.
14.6 The Operator will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
14.7 The Operator will not be liable to the Customer for any use of the LottoExpress Service that is contrary to the law of the jurisdiction where the Customer is located. The Customer should note that where local law prohibits their participation in the LottoExpress Service, it is contrary to these Terms and Conditions for the Customer to participate in the LottoExpress Service and may lead to the Customer's Account being suspended or terminated.
14.8 Certain statutes, rules and regulations may imply certain non-excludable warranties or conditions and to the extent such are not permitted to be excluded, the Operator's liability for breach of such conditions or warranties and the Customer's sole and exclusive remedy will be limited to the reimbursement of the Customer's available Gaming Funds at the time of the breach.
15.1 The Customer agrees fully to indemnify, defend and hold the Operator, and its officers, directors, employees, agents, suppliers and permitted assigns, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by the Customer or any other liabilities arising out of the Customer's use of the LottoExpress Service or use by any other person accessing the LottoExpress Service using the Customer's Account details.
15.2 The Customer agrees fully to indemnify, defend and hold the Operator, and its officers, directors, employees, agent, suppliers and permitted assigns, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of warranties or representations including, but not limited to, the representations that the Customer is not a citizen or a resident of a country that prohibits such gaming activities nor will they access the LottoExpress Service from a jurisdiction where such activity is prohibited by law.
15.3 The Customer will indemnify the Operator for all losses and damages suffered by the Operator as a result of fraud and/or wrongdoings committed by the Customer or group of Customers acting in concert or jointly. "Fraud and/or wrongdoings" will include but not be limited to attempts to breach the LottoExpress Game Rules, single account per Customer rule, to exceed the order limits, hacking, use of artificial intelligence or bots, providing false personal information and/or any actions and/or omissions that the Operator reasonably deems to be a fraud and/or wrongdoings.
16.1 The Customer may not transfer any of their rights under these Terms and Conditions to any other person. The Operator may assign, sub-license or otherwise transfer its rights under these Terms and Conditions to another business when the Operator reasonably believes that the Customer's rights will not be affected.
17. THIRD-PARTY CONTENT
17.1 The LottoExpress Service provides content from other Internet sites or resources ("Third-Party Content") and while the Operator takes all reasonable steps to ensure that material included on the LottoExpress Service is correct, reputable and of high quality, the Operator does not make any warranties or guarantees in relation to Third-Party Content and will not be held liable by the Customer for any such Third-Party Content. If the Operator is informed of any inaccuracies in the Third-Party Content contained on the LottoExpress Service, it will attempt to correct the inaccuracies as soon as it reasonably can.
17.2 The Operator makes no representations or warranties regarding any third-party websites linked to the LottoExpress Service ("Linked Sites"), the entities that operate the Linked Sites or which feature on the Linked Sites. The Operator will not accept liability for any loss (including any indirect or consequential loss) or damage the Customer may suffer directly or indirectly as a result of using any of the Linked Sites or relying on any material contained therein. The Customer acknowledges that the Customer's access to and use of any of the Linked Sites is entirely at their own risk.
18. THIRD-PARTY RIGHTS
18.1 Except insofar as these Terms and Conditions expressly provide that a third-party may in their own right enforce a term of these Terms and Conditions, a person who is not a party to these Terms and Conditions has no right under local law or statute upon which to rely or enforce any term of these Terms and Conditions.
19. TECHNICAL MALFUNCTIONS
19.1 The Customer fully accepts and agrees that the RNG software used by the relevant lottery provider will determine the randomly generated results on LottoExpress. If there is a discrepancy between the result showing on the lottery provider's software and the Operator's server, the relevant official lottery provider's results shall be the final authority. In the event of system malfunction or damage, which results in the loss of data, the Operator will make reasonable efforts to recover all historic data and all recovered data will be deemed accurate.
19.2 Any failure on the Customer's side, including but not limited to network connection or computer problems, will not void the lottery result. The Customer can check their own order history in the Report section of their Account to see whether any lottery orders yield any winnings.
20. SETTLEMENT OF DISPUTES
20.1 The Customer understands and agrees that (without prejudice to their other rights and remedies, including referral to an agreed dispute-resolution process) the Operator's records will save in the case of manifest error and authoritatively determine the terms of the Customer's participation in the Lottoexpress Service, any resulting activity, and the circumstances in which they occurred.
20.2 We want the customer to enjoy playing with Lottoexpress; providing excellent customer service is important to us and in the vast majority of cases this is exactly what you will receive. However, just occasionally, something goes wrong and a customer, unfortunately, has cause to complain. In the first instance your complaint should be registered with us by contacting us (https://www.lottoexpress.com/en/home/contactus/) where a member of our Customer Services team will endeavour to address the issue and resolve the query immediately or, if you prefer, you may write to us at the addresses shown on the above page. If an immediate solution cannot be achieved because further investigation is necessary, we will let you know straight away.
20.3 Should our investigation take longer than anticipated, which will only happen if the circumstances are particularly complex, we will explain why and we will make sure you are provided with regular updates. We will not normally allow any complaint to be unresolved for more than 4 weeks, as we will always agree a course of action with you within this time.Any investigation will be overseen by a specially selected and trained staff member who will stay in contact with you throughout the investigatory period.
20.4 In the unlikely event that you are still unhappy with how your complaint is being handled or resolved, you may refer the dispute to a recognised professional alternative dispute resolution service such as IBAS. IBAS can be contacted here http://www.ibas-uk.com/contact.php.
21.1 If the Customer has any dispute with regard to any outcome of the games or any other activity, the Customer must submit their complaint to the Operator in writing within 14 days of the incident by email to info@LottoExpress.com. Any notice the Operator gives to the Customer (save as otherwise set out herein) will be sent to the email address that the Customer provided when the Customer registered the Customer's Account.
21.2 Notices and other communications delivered to the email address provided by the Customer shall be deemed to have been personally delivered once sent whether actually received or not. It is the Customer's responsibility to give the Operator notice of any changes to this address by writing to info@LottoExpress.com to provide the updated details and to regularly check the Customer's email account for emails from the Operator.
22.1 If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed to be severable from these Terms and Conditions and will not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.
22.2 The time stamp on all records either stored in or written to the Operator's transactional database including but not limited to lottery orders (whether accepted or declined), announcements, messages and reports shall be recorded as Greenwich Mean Time (GMT) plus zero hours.
22.3 No waiver of, failure or delay by the Operator in enforcing or partially enforcing any of these Terms and Conditions will be construed as a waiver of any preceding or succeeding breach of any of these Terms and Conditions or any of the Operator's rights hereunder.
22.4 Unless otherwise expressly stated, nothing in these Terms and Conditions will create or confer any rights or any other benefits in favour of any person other than the Customer and the Operator.
22.5 Nothing in these Terms and Conditions will be construed as creating any agency, partnership or any other form of joint enterprise between the Customer and the Operator.
22.6 Clauses 3.11, 5.7 and 6.1 (where relevant), 9, 12, 13.5 (and clause 8 of the LottoExpress Game Rules), 14, 15, 18, 20, 21 and 22.11 will continue in force after and despite expiry or termination (for whatever reason).
22.7 The Customer agrees to be bound by and adhere to the Gaming Rules in their participation in the LottoExpress Service. The Operator also reserves the right to modify the LottoExpress Game Rules from time to time and the Customer should check the LottoExpress Game Rules to ensure they understand how these changes could impact the Customer before they place a lottery order. All changes will be clearly highlighted but in proceeding to place a lottery order, Customers will be deemed to have done so with knowledge of the changes.
22.8 The Operator may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the LottoExpress Service.
22.9 These Terms and Conditions, as published in English from time to time, govern this contract. Translations into other languages are made as a service and are made in good faith. In the event of ambiguity between the English version and a translation, the English version prevails over any translation.
22.10 These Terms and Conditions contain the entire agreement between the Customer and the Operator relating to the LottoExpress Service. The Customer confirms that, in agreeing to accept these Terms and Conditions, the Customer has not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions. The Customer agrees that the Customer will have no remedy in respect of any misrepresentation, which has not become a term of these Terms and Conditions, save that the Customer's agreement will not apply in respect of any fraudulent or negligent misrepresentation whether or not such term has become a term of these Terms and Conditions.
22.11 The LottoExpress Service is subject to the laws and regulations of the Isle of Man and any dispute arising out of or relating to these Terms and Conditions, the LottoExpress Service, prizes, Website, Software, the Operator, the developer of the Software and/or the Operator's payment management company will be governed by the laws and the courts of the Isle of Man.
23. RESPONSIBLE GAMBLING POLICY- Self Exclusion and ability to set play limits
23.1 The Operator maintains a strong commitment to provide the Customer with a responsible gambling environment. Although gambling should be enjoyed as a recreational activity, it can nevertheless also cause a problem for some Customers. The Operator aims to prevent compulsive usage and underage access to its games while simultaneously providing a friendly and entertaining gambling experience for its Customers. As a responsible gambling operator, the well-being of the Operator's Customers is of utmost importance.
23.2 The Customer should note the following advice to make sure that your gambling remains fun and under control:
(a) the Customer should not chase losses; (b) the Customer must read, understand and play in accordance with the Game Rules; (c) gambling is a form of entertainment and should not be regarded as a way of paying debts or making money; (d) the Customer should not gamble more than they can afford to lose; and (e) the Customer should monitor the amount of money and time they have spent playing.
23.3 The Operator has a self-exclusion policy for Customers who might become concerned that they are not in control of their gambling habits. The Customer may decide to self-exclude from access to the LottoExpress Service for a period of six months, one, two or five years or permanently. During the self-exclusion period, the request for temporary blocked access will be enforced and irrevocable. The Customer may call our customer-support team to reactivate their account once the self-exclusion period has ended. In the instance of problem gamblers, accounts will be suspended immediately and the Customer contacted by the customer-support team. Following this activity, any accounts subject to the Customer’s self-exclusion request will be reactivated unless the Customer contacts us again within this period and requests their self-exclusion to remain in place for a further five-year period. If, in the Operator’s sole judgement, it perceives that the Customer’s gambling activity is indicative of problematic behaviour, the Operator reserves the right to automatically suspend the Customer’s account or to bar the Customer from service for a period of time at the Operator’s discretion. If the Operator closes the Customer’s account, any legitimate balance held by the Customer will be returned within 28 days. The Customer acknowledges and agrees that, should they choose to self-exclude from any of the Operator’s products or services, the Customer shall not be permitted to open or use a new account with any other Website operated by the Operator during the selected self-exclusion period, until such self-exclusion has been lifted and the original account reopened. In the event the Customer breaches the foregoing policy, the Operator shall be entitled to block any new account the Customer opens with another site, forfeit any funds the Customer may deposit (or have previously deposited) therein and shall not be liable to refund to the Customer any funds they may have wagered or won through their account. The Customer can request a self-exclusion period by talking to our customer-service team. The operator will activate a Customer’s request to self-exclude as soon as possible after receipt of the Customer’s completed request and confirm this activation to the Customer by email. Any remaining balances will be returned to the Customer by a method determined by the Operator (conditional upon complete account verification where appropriate). The Operator reserves the right to contact the Customer should any further information be required. The Operator accepts no responsibility or liability if the Customer fails to provide information or provides inaccurate or incomplete information which prevents us, in our sole determination, from activating the Customer’s self-exclusion. The Operator may refuse to apply the Customer’s self-exclusion to any related account if there is any doubt, at our sole discretion, as to whether the account belongs to the Customer. During the Customer’s period of self-exclusion, they have an equal undertaking not to seek to circumvent the self-exclusion agreement by entering or continuing (or asking a third party on the Customer’ behalf) to participate in gambling services via our online operations.
During the Customer’s self-exclusion period, in the event (or in circumstances that are beyond the Operator’s reasonable control) of the following occurring, LottoExpress shall not be held liable for the Customer inadvertently receiving marketing material and their continued gambling as a result and/or circumventing their self-exclusion agreement by (including but not limited to): (i) continuing to gamble; (ii) by opening and operating new accounts; and/or (iii) automated checks and/or IT or software programmes failing to recognize any attempt by Customer to circumvent their self-exclusion. As part of these latter points, we also recommend that the Customer self-exclude from other Operators at their earliest opportunity. During the self-exclusion period, LottoExpress will take all reasonable measures, including advising any affiliated party of the Customer’s decision to self-exclude, to ensure the Customer does not receive any promotional material during this time.
23.4 If our Customers suspect that they have a gambling problem or have concerns regarding their gambling, the Operator recommends that they contact the following professional organisation (GamCare) and in particular review their indicators that would suggest a gambling habit is not under control.
23.5 Please note that even when the Customer has elected not to self-exclude, the Operator may close an account in circumstances it deems reasonable, at the Operator’s sole discretion. http://www.gamcare.org.uk
23.6 The Customer may also put limits on their account by contacting our customer-support team at info@LottoExpress.com in order to set a maximum on total ticket purchases in a single order . The Customer shall not be permitted to increase this maximum unless the Customer has given 7 days notice